1What is the best reason a restaraunt checkroom would NOT be liable for an item hidden in a checked coat, which was unknown to the checkroom attendant?
No bailment was created for that hidden item. Bailment requires that the baliee have knowledge and acceptance of the specific item.
2True or false: If you're an agent for an employer and you find an item, the item belongs to the employer
True, because an agent is merely acting on behalf of the employer
3Plaintiff caught a foul ball, set it on the floor, then briefly forgot it as he left. Defendant grabbed it. Who has the better claim and why?
Plaintiff, because a finder who took possession of an object but lost track of it only momentarily does not lose their possessory claim. Defendant acquired no superior right.
4In a dispute between two hunters, whom does the court prefer - the first hunter who was close to capture, or the second who actually caught the animal?
The second, because capture requires mortally wounding or physical taking of the animal, not mere pursuit.
5Walker fished on Owner's private land and caught fish. Under what condition would Walker be entitled to keep the fish?
Walker would need a license from Owner, not only to be on the land, but also a license which included fishing as under the scope.
6Movers trespassed on Neighbor's land, without causing economic harm, but over Neighbor's objection. What damages could Neighbor recover?
Neighbor can recover punitive damages, because economic harm is not required for trespass.
7Neighbor charges admission for a cave that is mostly under Owner's land, accessible only from Neighbor's surface. Does Owner have a trespass claim?
Owner has a trespass claim, because Owner owns the "center of the Earth" under their property. Using subsurface space under another's land without permission is trespass, regardless of surface access.
8True or false: Using subsurface space under another's land without permission is trespass, regardless of surface access.
True
9Can Owner recover gems to Neighbor who mined from the part of a cave lying under Owner's farm?
Yes, because Owner is entitled to ownership over everything forming part of the land's soil, including minerals. Neighbor's extraction of the gems was coversion of Owner's property.
10Seller reserved an oilas profit in a recorded deed between them and Buyer. Buyer2, who bought from Buyer, wants to enjoin Seller's extraction. Is Buyer2 bound by the reservation?
Yes, because under the nemo dat rule, a grantor can't transfer a greater interest than they hold. Buyer only held title subject to the oilas reservation, so Buyer2 took the same encumbered title. The recorded deed also provided constructive notice of the encumbrance.
11Walker found a gold watch, took it to a jeweler, and the jeweler's employee accidentally gave it away to someone else. Whose claim would prevail, the jeweler or Walker?
Walker would prevail for the full value of the watch because Walker found the watch. Finders have possessory title which is superior against all except the true owner. The jeweler was merely a baliee, and may be held liable for their misdelivery.
12True or false: Finders have possessory title which is superior against all except the true owner.
True
13Buyer watched a vacant lot through their window for a year but never entered, built, or fenced it. Will Buyer acquire title by adverse possession?
No, because adverse possession requires actual entry and open/notorious acts of ownership which would put the true owner on notice. Mere observation of property without physical use of it fails both of those elements.
14Owner leased their home to a tenant for 11 months while on work assignment, and was physically present for less than 10 years total, the statutory requirement. Can owner use adverse possession to defend their title?
Yes, because a tenant's possession of a property may be attributed to the landlord, so the 11-month lease wouldn't actually interrupt the clock on Owner's adverse possession period. Tenant's use is tacked onto Owner's use.
15What does an adverse possessor need to show most courts to ripen title? Good faith belief, notice to owner, or something else?
Good faith isn't required by most courts. The possessor must openly engage in "acts of ownership" that objectively manifest an intention to claim the property as their own.
16Owner and Neighbor both used Neighbor's driveway shortcut openly for 10+ years. Does the shared use defeat Owner's prescriptive easement claim?
No, because prescriptive easements don't require exclusivity, unlike adverse possession.
17Owner apologized for a 15-year shed enroachment on their neighbor's land, and then moved it away. A year later, Owner moved it back to the same spot in an attempt to reclaim through adverse possession. Will they succeed?
Yes, Owner can succeed here because once title vests by adverse possession at the end of the statutory period, it can't be abandoned by informal acts like apology or voluntary removal.
18AP2 took over AP's possession. What is required for AP2 to tack AP's possession and ripen title?
Privity of estate, typically by a deed, will, or other voluntary transfer. Merely finding a vacant land and taking over does not create privity sufficient for tacking.
19Tenant transferred possession to Wilkes for the entire remaining lease term except the last day. Does this violate a no-assignment clause?
No, because this is a sublease and not an assignment. The tenant had a reversion over the last day, which made it a sublease. Assignments convey the entire remaining term with no reversion.
20How do you distinguish between an assignment and a sublease?
Look at whether the transferor (tenant) retained a reversion or right of entry. If the tenant kept any reversionary interest, the transfer is a sublease. If the tenant transferred the entire remaining term, it is an assignment.
21Grandmother handed tongs to granddaughter and said, "When I die, they will be yours". Is this a valid gift?
This is not a valid inter vivos gift because donative intent is not met. The statement "when I die" is not present intent. Inter vivos gifts require present intent to transfer ownership immediately.
22Donor, who was home from college, said to sister, "You can have my Taylor Swift shirt". When is the gift complete?
The gift is complete when delivery is made. Delivery is made when the donor physically hands over the shirt, or when it is already in the donee's possession. Constructive or symbolic delivery work only when manual delivery is impractical. So if the shirt was at the Donor's dorm, no delivery would have occured yet, and the gift would be incomplete.
23Leila offered Jesse a book, Jesse accepted, then handed it back saying, "I'll pick it up next week". Is there a completed gift?
Yes, because Leila became Jesse's bailee. The donor can hold property as a bailee for the donee after a valid gift is complete. The delivery already occured while Jesse physically held the boo and the donative intent and acceptance were clear.
24Walker and Wicker owned Greenacre as joint tenants. Wicker conveyed his interest to Buyer. What is the result?
Walker and Buyer become tenants in common, not joint tenants, and therefore Walker has no right of survivorship. A joint tenant may unilaterally sever their joint tenancy by transferring their interest.
25True or false: A joint tenant may unilaterally sever their joint tenancy by transferring their interest.
True
26B solely occupies a property held by A, B, and C as joint tenants. There is no rental agreement between them. Is B liable to A and C for rent just because they are the sole occupant?
Under the majority rule, B doesn't owe rent to A and C just because they are the sole occupant, as each co-tenant has a right to possess the whole. In some states, B may owe an accounting share, and A and C retain the right to share possesison.
27A and B held a tenancy in common, and B died intestate. What happens to B's interest?
B's interst would pass to B's heirs by intestate succession. The heirs and A would become tenants in common. There is no right of survivorship in a tenancy in common.
28A and B were joint tenants, and B died with a will. What happens?
A has sole ownership through the right of survivorship, which cannot be defeated by a will. The survivor aytomatically takes the property upon death. B's will has no effect on the joint-tenancy interest.
29A, B, and C are joint tenants. C mortgages her interest in a lien-theory state. Does the joint tenancy survive?
Yes, in a lien-theory state, a mortgage is merely a lien and is not a transfer of title, so it would not sever a joint tenancy. However, in a title-theory state, the mortgage would convey title and sever C's interest.
30Owner sold part of their land. Necessary utility wires run over the sold parcel, but the deed mentions no easements. What type of easement best protects Owner?
Easement by implied reservation, because when an owner sells part of their land and retains a servitude over the conveyed portion, courts may imply a reservation of that easement if it was apparent and reasonably necessary.
31Foreclosure sale produces only $100k on a $300k mortgage. Can the mortgagee obtain a deficiency judgment for the remaining $200k?
Yes, because part of the original debt remains unpaid. If the mortgagee did not receive sufficient funds from the foreclosure sale to cover the amount of the debt, the mortgagee can obtain a deficiency judgment against the debtor (the mortgagor), based on the promissory note, for whatever remains unpaid.
32A law student subleased to a Nurse for 1 year. Nurse paid only for 6 months, then left. Who owes the landlord for the unpaid rent?
The law student owes the landlord because under a sublease, the original tenant maintains privity of estate and privity of contract with the landlord. Nurse has no privity with the landlord. However, the student can then recover from Nurse per their sublease agreement.
33Buyer's deed had no garage restriction, but more than half the lots in the subdivision did, and a recorded plat showed no-garage intent. Neighbors seek an injunction against Buyer trying to set up a garage. Do they prevail?
Yes, under equitable servitude. A common scheme of development is shown here by the recorded plat and the majority of restricted deeds, which binds all lots in the subdivision, including silent deeds. Buyers have constuctive notice of the common plan.
34Seller repudiated a chemical plant contract after discovering Buyer's religion. Can Buyer get specific performance of the contract?
Yes, because each parcel of real estate is treated as unique, so monetary damages are presumed inadequate. Specific performance is available for breaches of real estate contracts regardless of whether comparable properties exist.
35Creditor filed a judgment lien against Debtor and recorded it. Debtor bought land 2 years later. Debtor then borrowed $30k from Aunt, the note for which was secured by a mortgage on the land, which was recorded. Aunt did not conduct a title search. Debtor then made no payment on judgment lien and also defaulted on Aunt's loan. In a race-notice jx, which lien has priority?
Creditor's lien has priority because it was first, it was recorded, and the aunt had constructive notice but failed to conduct a title search. Race-notice jx only protect bonafide purchasers without notice and who recorded first. Here, aunt had notice.
36An investor conveyed land to a neighbor "subject to" a mortgage between him and a business partner, but expressly agreed that the neighbor would not assume the mortgage or pay it. However, the business partner later sues the neighbor for not paying. Who prevails?
The neighbor, because taking property "subject to" a mortgage means the land remains a primary security, but the grantee has no personal liability. Only express "assumption" of the mortgage creates personal liability. Here, the investor is liable.
37Surplus from a parking garage foresclosure sale exceeds the garage's mortgage. A judgment lien held by a bank exists against the debtor. Who gets the surplus?
The bank gets the surplus because the senior mortgage was already paid, and any surplus proceeds go to junior lienholders in priorty order.
38Buyer assumed the mortgage in the contract of sale. There is a deficiency after foreclosure. Is Buyer personally liable?
Yes, the Buyer is personally liable because they assumed the mortgage, and assumptons make buyers primarily liable for debts. Here, there is no "novation", which is a release from the mortgagee, so the original owner/mortgager is also secondarily liable.
39After valid floreclosure and sale, a mortgagor receives an inheritance and tries to repurchase the foreclosed property. How might the mortgager recover title?
The mortgagor can't exercise equitable redemption, because the property has already been foreclosed. However, they may be able to exercise a statutory right of redemption if the jx has one.
40Stacy went to the embassy and placed her phone behind a sign in a coffee shop that said "no cell phones past this point", with the intent to return after her appointment. Bob found the phone 30 minutes later in the coffee shop and took it home. Who has the best claim?
Stacy, because the property was mislaid and mislaid property goes to the original owner.
41A tenant subleases a house to his cousin after entering a 10-year lease. The cousin defaults on rent. Can the landlord recover rent from the cousin?
No, because privity of estate does not exist between a landlord and sublessee
42A landlord leases property for 8 months. The prior holdover tenant refuses to vacate. The new tenant sues the prior tenant for possession without telling the landlord first, gets possession, then sues the landlord for lost possession time. If the court finds for the landlord, what would be the reason why?
The lanlord had delivered the legal right of possession to the tenant
43Johnny places all his possesison by the apartment dumpster when moving out. Sophie sees this and takes everything. The apartment complex claims Sophia stole from them. Who owns the items?
Sophie, because abandoned property belongs to the first finder.
44A buyer contracts to buy land. The seller cancels her insurance after signing. A fire destroys the building 3 weeks before closing. The buyer seeks to cancel. If the seller prevails, why?
If the seller prevails, it would be under equitable conversion, because the buyer became the equitable owner of the land upon execution of the contract.
45A man, 1/3 TIC, leases a house to a tenant for 3 years without the other co-tenants' knowledge. Sister and cousin sue to void the lease and evict the tenant. What does the court decide?
The lease is valid, because a tenant in common may freely transfer their interest in a term of years. The tenant is not evicted but most share possession with the sister and cousin as co-tenants.
46Brother (1/3) and sister (2/3) own land as TIC. Sister proposes partition giving herself a 2-acre buildable lot and brother a 1-acre lot with only 50 ft frontage (zoning requires 100 ft to build). Who prevails?
The brother prevails, because zoning makes fair physical divison impossible. It would not be fair or equitable to convey only 50 feet of frontage to the brother, who then could not build on his lot.
47A coffee shop bulletin board states it owns all signs posted and customers may not remove full signs. Suzie nontheless removes signs and creates a $2M art project. Who can recover, and how much?
The coffee shop can reover under conversion because it's clear the signs are owned by them already, so Suzie did not take them in good faith. This is no accession, which requires good faith and doesn't apply to stealing.
48A son and daughter hold land as joint tenants. Son devises his interest by will to a cousin, and the daughter devises hers by will to a friend. Son dies, then daughter dies. Who owns the land?
The daughter's friend owns fee simple. Because the son died first, the daughter had right of survivorship, making her the sole owner of the property. Because she owned fee simple at that point, she could devise it to her friend by will. The cousin gets nothing.
49Dolly finds a backpack hanging on a fence. Levi claims he found it in a pond and placed it on the fence while gathering things nearby. Who has the superior claim?
Levi has superior claim as the initial finder of lost property. Dolly interfered. Finders of lost property have rights superior to everyone except the true owner. Levi's prior posession gave him superior rights. Dolly merely found mislaid property, as it was intentionally placed on the fence rather than abandoned.
50A tenant assigns a 9-month lease remainder to a friend. The friend pays rent for 4 months only, then vacates with 3 months left. Neither paid the final 5 months. Landlord sued both for $3500. What is the outcome?
The tenant and friend are both liable for 3500, because the tenant remained on privity of contract with the landlord, and the friend had privity of estate as an assignee. Assignments create a privity of estate relationship between landlords and assignees.
51An installment buyer discovers an outstanding mortgage (25% of price, no default risk, land worth 4x the debt) after 10 of 300 payments. Buyer quits, demands a refund. Should damages be awarded?
No, because the time to deliver marketable title has not arrived. A seller must deliver marketable title at closing, not during the contract. The buyer acted prematurely, and the seller still has time to clear the title.
52S conveys to B without recording. S then conveys to C, who records. Under which recording systems would C prevail?
Race, notice, and race-notice. B would only win under a first-in-time rule at common law because their conveyance was first. However, C would win in race jx because they recorded first. In notice jx, C wins because they had no notice of B. In race-notice jx, C wins because they had no notice of B and recorded first.
53True or false: Recording act protections require that the grantee is a bonafide purchaser, so recipients of gifts don't receive protection
True
54S conveys to B without recording. S then gifts to C, who records. Under which recording systems would B prevail?
All of them
55Margaret wrote a letter to her daughter, Elise, stating: “For your 30th birthday, I want you to have my emerald necklace. I will continue to wear it while I’m alive, but it’s yours now in every meaningful way. I want you to be able to tell anyone it’s yours.” Margaret continued to wear the necklace on special occasions and kept it in her safe. Elise told several friends about the gift and showed them the letter. Margaret later died and her son, Patrick, refused to give Elise the necklace, arguing that the gift was invalid. Is the gift valid?
The gift is valid because there was a present transfer of a future possessory interest, constructive delivery via letter, and acceptance. The issue is consistent with Gruen v. Gruen.
56True or false: A donor may give present ownership while retaining a life estate
True
57True or false: A letter may serve as constructive delivery
True
58A neice conveyed land by warranty deed to a colleague. A colleague later discovered the land is landlocked (no access to public right of way). The colleague sued for damages. Who prevails?
The neice, because no title covenants were breached. After closing, merger bars contract claims and the only remedy available is deed covenants, but none of the six were breached because they don't extend to landlocking.
59Melinda hides her phone under chairs outside of a bar exam testing room, and forgets it after finishing. Roger, a maintenance tech, finds it hours later and takes it home. Who has the strongest claim?
Melinda, because she is the true owner and didn't intend to abandon it. True owners always have superior claims over finders.
60Landowner conveys land to a church 'so long as used as the site of its principal religious edifice.' Landowner dies intestate; heir survives. Church dissolves and building demolished. What is the outcome?
The heir is entitled to the land because the original transferor retained a possibility of reverter, and when the condition of the FSD was broken, it reverted to the heir automatically. Possibility of reverter isn't subject to RAP.
61Man originally owned 3 parcels and built a drainage pipeline across all three. He sold parcels B and C later, but the deeds didn't mention the drainage system. The B and C's drainage system is best protected by what?
Easement by implication. An easement by implication arises when 1) there was prior common ownership, 2) the use was apparent/continuous at severance, and 3) the easement is reasonably necessary. All three elements are met here.
62Daughter gives buyer a warranty deed conveying 100 acres, but only actually owned 95. A farmer who owned the other 5 acres then sold it to the daughter. The buyer defaulted on the mortgage, which covered all 100 acres, and the daughter foreclosed on the 100 acres. Who owns the 5 acres?
The buyer loses, because of the after-acquired title doctrine (aka, estoppel by deed). When a person executes a deed purporting to convey an estate in land that they do not have, and such person at a later date acquires such estate in such land, then the subsequently acquired estate will, by estoppel, pass to the grantee. Here, the daughter purchased the 5-acre tract from the farmer and the mortgage covered 100 acres. When the buyer defaulted and the daughter foreclosed, she purchased back the full 100 acres.
63True or false: After-acquired title doctrine is estoppel by deed
True
64School district builds a lighted 5,000-seat stadium adjacent to a woman's farm. Nighttime events cause significant noise and bright light on her property. Which doctrine best supports her damages claim?
Private nuisance
65New bar owner discovers after closing that the bar violates zoning. She sues prior owner for breach of implied warranty of marketability. Does she win?
No, because the implied warranty of marketability merged into the deed at close. While in most jx, a violation of a zoning ordinance does render title unmarketable, warranties are merged into the deed at closing and are no longer enforceable.
66Gambler sells cousin a castle he doesn't actually own, with a warranty deed, and the cousin records it. Two months later, a writer (who happens to be the true owner) loses the castle to the gambler in poker. Gambler records, then sells to couple for fair value, and the couple records. This is a race-notice jx with limited search burden. Who owns the castle
The couple, because the jurisdiction imposes a limited search burden on a purchaser of land. Under limited search burden, the couple would only search from when the gambler appeared as a grantee, which didn't happen until after the cousin's deed was recorded because the gambler was given the land afterward, so the couple didn't have notice of the prior deed with the cousin. Without notice, and first to record, couple wins.
67Original seller conveys to investor (no title quality specified in contract). Investor's buyer later discovers title was never marketable. Investor sues original seller for lost deal. Who prevails?
The original seller, because her contract obligations as to title merged into the deed.
68How do you tell whether a tenant's transfer of leased premises to another is an assignment or sublease?
See whether Tenant retained a reversion (or, in some states, a right of entry). If they did, then the transfer is a sublease.
69Owner has land but never visits. AP adversely possesses 2012–2019. AP2 takes over AP's possession in 2019. AP2 could have ripened title if:
Either AP delivered a deed to AP2 purporting to convey the land to AP2, or there was privity of estate between AP and AP2. Both of these would satisfy the tacking requirement.
70Mother who died testate devised to her son and her daughter as joint tenants. Mom died, and with daughter’s permission, son took sole possession and agreed to pay the daughter monthly rent. Son defaulted on a personal loan and creditor obtained a deficiency judgment lien on the property for $30k. Son died. Can the creditor entitled still enforce its judgment lien on the property?
No, because the daughter as the joint tenant became sole owner when the son died, and is free and clear of the creditor’s judgment lien. The creditor would have had to act before the son's death.
71Woman died, devising land she owned in another state to her daughter, who was 17. Neighbor who owned the adjacent property wrongfully began to possess the land at that time. For 24 of the next 25 years, neighbor planted and harvested crops on the land, hunted on it, and parked cars on it. However, in the sixth year after he first took possession of the land, the neighbor neither planted crops nor hunted nor parked cars on the land because he spent that entire year living in Europe. The neighbor built a small gardening shed on the land, but he never built a residence on it.
When the daughter was 28, she was declared incompetent and appointed a conservator. Since then, she has continuously resided in a care facility.
The jx says: “An ejectment action shall be brought within 21 years after the cause of action accrues, but if the person entitled to bring the cause of action is under age 18 or mentally incompetent at the time the cause of action accrues, it may be brought by such person within 10 years after attaining age 18 or after the person becomes competent.”
If the daughter’s conservator wins an ejectment action against the neighbor, what will be the most likely explanation?
The neighbor was not in continuous possession of the land for 21 years, because the neighbor spent one year in Europe after the first five years of possession.
72Woman died and in her will, devised a farm to her husband for life, remainder to her niece. The will did not specify the duties of the husband and the niece with regard to maintenance and expenses. The husband took sole possession, did not farm the land, and did not rent the land to a third person, although the fair rental value was substantial.
For two years in a row after the woman died, the county assessor sent the tax bills to the niece, but the niece did not pay the bills, because she and the husband could not agree on who should pay them. Finally, the niece paid the taxes to avoid a tax foreclosure sale. The niece sued the husband for reimbursement for the two years’ worth of property taxes. Will she prevail?
Yes, because the niece paid an obligation that was the sole responsibility of the husband.
It is the duty of the life tenant to pay all general property taxes that accrue during the continuance of the life estate. The only limitation on this duty is that the life tenant has no duty to expend more than the income that can be generated from the land. Because the fair rental value of the farmland was substantial, this limitation does not apply. If the remainderman does pay any property taxes due during the life tenancy, he or she is entitled to a judgment against the life tenant for reimbursement.
73Explain what duty a life tenant has to pay for a life estate.
It is the duty of the life tenant to pay all general property taxes that accrue during the continuance of the life estate. The only limitation on this duty is that the life tenant has no duty to expend more than the income that can be generated from the land.
74True or false: If a remainderman to a property pays property taxes during a life tenancy, they are entitled to a judgment against the life tenant for reimbursement.
True
75A testator devises property to his "grandchildren." One grandchild predeceases the testator but leaves no issue. The jurisdiction has an anti-lapse statute covering lineal descendants of grandparents. Who takes the devised property?
The surviving grandchildren only take — class gift closes at death; anti-lapse fails for lack of issue.
76A tenant covenants in a lease to maintain fire insurance. He assigns the lease; the chain of assignees lets the policy lapse. The building burns. Can the landlord sue the original tenant?
Yes, because assignment does not extinguish the original tenant's contractual liability, the original tenant remains in privity of contract with the landlord. The original tenant therefore remains liable for covenant breaches by successors unless there is a novation (an express substitution releasing the original party).
77What is a novation?
An express substitution releasing the original party)
78Two siblings inherit a farm as tenants in common. One sibling lives on the farm exclusively for 21 years, pays all taxes, and holds himself out as sole owner — but never formally excluded his sister. Does the sister retain an interest?
Yes, the sister retains an undivided one-half interest. Adverse possession isn't triggered unless a co-tenant ousts (wrongfully excludes) the other. The brother's exclusive possession doesn't amount to ouster.
79What is laches?
Laches is a defense to any action brought in equity. If a party had waited an unreasonably long period of time in which to bring a claim, the other party may argue that he has relied upon that lack of assertion of rights to his detriment.
80If a co-tenant stakes a claim for exclusive possession of any part of the property, the claim alone may amount to what?
Ouster
81A tenant assigns his lease to A, who then assigns to B. B then fails to pay rent. Landlord sues the original tenant. Who wins, and why?
Landlord wins, because privity of contract survives assignment. Although, privity of estate passes with each assignment making the current assignee is also liable). But privity of contract between the original tenant and landlord is never broken by assignment alone.
82True or false: Assignment alone is not a novation
True, a novation is an express agreement substituting a new party and releasing the old one, extinguishing liability. However, assignments are not novations.
83An easement appurtenant benefits Parcel A (dominant) over Parcel B (servient). The owner of Parcel B later acquires Parcel A, then sells Parcel A to a third party with no mention of the easement. Does the easement revive?
No, because the easement was extinguished by merger. When the dominant and servient estates come under common ownership, the easement terminates by operation of law (you cannot have an easement in your own land).
84An owner sells one of two connected buildings by warranty deed with no mention of a shared enclosed walkway. The owner keeps the adjacent building. When the buyer repairs the shared walkway, the seller objects. Who prevails?
The buyer prevails because there is an implied easement here, which includes the right to maintain the walkway. The elements of implied easement are: 1) prior common ownership, 2) conveyance of one parcel, 3) apparent quasi-easement at time of conveyance, 4) continuous use, 5) reasonable necessity. Implied easements carries have an implied right to repair and maintain the means by which the easement is enjoyed.
85Rancher sells parcel B to Buyer, but retains an implied drainage easement across the land. The drainage pipe begins emitting odors that interfere with the Buyer's enjoyment, so Buyer sues for trespass. Does Buyer prevail
No, because the proper action is nuisance, not trespass. Trespass requires invasion. Nuisance involves interference with use and enjoyment, including odors. Moreover, even though Rancher likely has a valid implied easement by reservation, easement holders still cannot unreasonably interfere with the servient owner's enjoyment.