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John Owns Property in Fee Simple Absolute Which Contains a Public

Question 79

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John owns property in fee simple absolute which contains a public easement next to a creek. The easement has poor drainage, and a construction company fixing drainage to the adjacent property wants to dump a load of soil in the area of the easement, which would also benefit John's property. May the company dump the soil on the public easement?


A) No, only the fee owner or the city can alter property of the easement.
B) No, only the city can alter property of the easement.
C) No, only the fee owner can alter property of the easement.
D) Yes, since it is a public easement.
E) Yes, so long as it does not injure John's property.

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