In Thayer V

question 190

Multiple Choice

In Thayer v. Hollinger, Hollinger owned land next to lakeshore lots that he developed. He shared a common road with the lakeshore lot owners who used trails on his property that were accessed from the road. Hollinger claimed he could block use of the trails. The lot owners claimed an easement to use the trails. The courts held that:

• A) restrictive covenants did not establish easements for the lot owners
• B) restrictive covenants established the right of lot owners to use the trails
• C) easements that ran with the land attach to property that is "commonly attached" which includes the road and trails
• D) restrictive covenants have no true legal power in Montana
• E) none of the other choices are correct