Question

Referring to the facts set out in Question 73, Mitch has pumped water across Wayne's property for nearly a decade. One day Mitch informs Wayne that farming has been slow for the last few years and that he, Mitch, intends to convert his farm into a fish camp and to do so he will flood his fields using the water Wayne has permitted him to use to achieve his purpose.Wayne is concerned and would like to halt Mitch's project. What is Wayne's most effective argument?a) promissory estoppelb) breach of contractc) Exceeding the scope of the easmentd) Common enemy rulee) Common law

Answer 1

Wayne's most effective argument is:

c) Exceeding the scope of the easement.

Step-by-step explanation:

Easement grants a party the right to use another party's property for a specific purpose. The right granted Mitch was to pump water across Wayne's property on his farm. Since now he intends to convert the farm into a fish camp and flood it with water, thus, raising Wayne's concerns over the consequences on his own property, Wayne can stop Mitch by indicating that the scope of the easement did not include flooding the fields for the purpose of a fish camp.