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Prompt Farmer Joe owns a large tract of land in Linnton County

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Prompt

Farmer Joe owns a large tract of land in Linnton County. The land is bordered by a county highway on the north, and the southern portion of the land is heavily forested. Farmer Joe maintains 2 gravel roads on the property, one that leads to his homestead on the western portion, and one that leads past some fields and pasture into the forested portion.

Sue Treelover bought a small piece of Farmer Joe’s forested land on the southeast corner of his property. Farmer Joe’s gravel road ran most of the way from the county highway on the north side to the property on the south, and when she built her cabin Sue extended the road to go to her place. When they executed the deed, they remembered to include an easement over Joe’s land to reach the cabin.

Sue opened a basket-weaving studio in her cabin where she holds classes and sells her baskets. Several times a week, Sue’s students and customers drive out to Sue’s place over Farmer Joe’s road. Farmer Joe wants to stop this, and tells Sue that she doesn’t have an easement to use the road and never did. If this doesn’t stop, he will take her to court. Sue argues that she has an easement. What kind of easement does Sue claim to have:

Is it appurtenant or in gross?

Is it affirmative or negative?

Is it express, implied, or by prescription?

If Sue does have an easement, can her students and customers use it too? Why or why not?

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