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A grants B an easement over A's land for the beneficial enjoyment of B's house. B assigns the house to…

Illustration (b) to section 38 states: "The release is ineffectual." Under section 38 only the dominant owner can release an easement, and under section 19 the easement…

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A grants B an easement over A's land for the beneficial enjoyment of B's house. B assigns the house to C. B then purports to release the easement to A. What is the effect of B's release?

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Correct answer D

Illustration (b) to section 38 states: "The release is ineffectual." Under section 38 only the dominant owner can release an easement, and under section 19 the easement passed to C when the house was assigned. B, having parted with the dominant heritage, has nothing left to release.

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