Question

Billionaire real estate mogul Glenn Rhee owns two large parcels of land in Alexandria, VA: Greenacre and Blueacre. Greenacre is to the north and Blueacre is directly south. Both parcels of land are surrounded by protected conservation land. A state highway runs perpendicular to the properties.
Six years ago, Mr. Rhee decided to leave the real estate business and open a chain of pizza restaurants called “Maggie’s Slice.”
Greenacre was quickly purchased by Walker Treatment Inc., which is a hazardous materials treatment center. For the past six years Walker Treatment Inc. has crossed over Blueacre in order to reach the highway that runs perpendicular to the land. Greenacre does not have its own access to the highway. Walker Treatment Inc. uses the highway to pick up hazardous waste from all over the county and processes it at its treatment center. Occasionally, customers will transport their hazardous waste to Walker Treatment and cross over Blueacre.

Rick and Michonne Grimes have decided to purchase and develop Blueacre. They have plans to build a large shopping mall and high-end condos near the highway to attract commuters. They are also going to construct a large sound barrier wall to help improve the ascetics of the mall and condos.

Walker Treatment Inc. has now come to the Grimes asking for an easement to transport hazardous materials over Blueacre in order to reach their facility on Greenacre. Rick and Michonne consult their attorney for answers:

For this assignment, you are the attorney. Please write thorough responses to the Grimes’ questions below. How would you advise them on the following topics?

1. Are we in danger of losing our property through adverse possession? Why or why not?

2. As husband and wife, what are our rights in the property?

3. What if Walker Treatment possesses a nuisance with all their trucks, fumes etc. what protections will we have?

4. Are there any special protections against toxic waste?

5. Can the easement be terminated? If so how?

Answer 1

Are we in danger of losing our property through adverse possession? Why or why not?

Because we are only allowing Walker Treatment Inc. to pass through our property to reach the highway, we are not in danger of losing our property through adverse possession.

As husband and wife, what are our rights in the property?

Rick and Michonne equally own Blueacre because they purchased the property together. As the property owners, they have the right to terminate the easement

What if Walker Treatment possesses a nuisance with all their trucks, fumes, etc. What protections will we have?

The Grimes are protected under the Clean Air Act and can sue Walker Treatment for negligence.

Are there any special protections against toxic waste?

The Clean Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, and Compensation and Liability Act all provide special protections against toxic waste.