Gretchen bought a lot 17 years ago and built a home with a solar heating system to heat her swimming pool.In the 18th year of her ownership, however, Blair begins to build a three-story apartment building that will block most of the sun necessary for the system to function properly.Gretchen now argues she has an easement by prescription, since she lives in a state in which an easement in general can be acquired in 15 years.Under the law of most states:

Question

Quizplus · Accepted Answer

CGretchen cannot claim an easement by prescription for sunlight because easements by prescription typically involve the use of someone else's land, not access to sunlight, which is not considered a use of land in this context. An easement by necessity involves access to a property that is otherwise landlocked, which does not apply to Gretchen's situation regarding sunlight. Therefore, Blair can continue his building, and Gretchen's argument for an easement by prescription or necessity does not hold under the law of most states.

Gretchen Bought a Lot 17 Years Ago and Built a Home