Redacre and whiteacre are adjacent parcels of land

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Reference no: EM133857166

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IRAC the following: Redacre and Whiteacre are adjacent parcels of land. Both parcels were owned by Davis. In 1969, Davis sold Redacre to a land-developer, Greta. Davis had heard of a new technology called "cable television" and wanted to make sure his home-office located in his house on Whiteacre was "cable-ready" once cable television programming became available in his area. He made certain that the deed to Redacre contained two provisions: (1) "The grantor reserves a right of way for a cable television line from the utility box located on Redacre to the grantor's home office located on Whiteacre; and (2) both the grantor and grantee expressly agree that Redacre shall never be used for anything other than residential purposes." In 1985, Davis tore down his house and home-based business and built a restaurant on Whiteacre that offered televised sports programming using the cable-television line across Redacre. In 1993, the restaurant closed down and Davis sold Whiteacre to Greta. Greta demolished the restaurant and allowed Whiteacre to remain vacant while she determined a better use for the property. In 1998, Greta sold Redacre to Etta. Etta planned to construct an office complex on Redacre. Both the 1993 and 1998 deeds stated that "this conveyance is subject to all recorded restrictions and easements." All deeds to both parcels were promptly recorded. When construction workers hired by Etta were grading Redacre in 1999, they removed that portion of the cable-television line that extended across Redacre to Whiteacre. Greta now plans to construct a retirement home on Whiteacre. When Greta discovered that the cable-television line across Redacre had been removed and that Etta planned to construct an office complex on Redacre, Greta asked Etta to stop construction and to restore the right to access the cable-television line. Etta refused. Greta then brought suit to (1) stop the construction of the office complex and (2) restore Greta's right to use the cable-television line right-of-way across Redacre. How should the court rule on both of Greta's requests for relief in Greta's suit against Etta? Discuss

Reference no: EM133857166

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