Two adjacent, two-story, commercial buildings were owned by Simon. The first floors of both buildings were occupied by various retail establishments. The second floors were rented to various other tenants. Access to the second floor of each building was reached by a common stairway located entirely in Building 1. While the buildings were being used in this manner, Simon sold Building 1 to Edward by warranty deed which made no mention of any rights concerning the stairway. About two years later Simon sold Building 2 to Dennis. The stairway continued to be used by the occupants of both buildings. The stairway became unsafe as a consequence of regular wear and tear. Dennis entered upon Edward's building and began the work of repairing the stairway. Edward demanded that Dennis discontinue the repair work and vacate Edward's building. When Dennis refused, Edward brought an action to enjoin Dennis from continuing the work. Judgment should be for 
Edward, because Dennis has no rights in the stairway.  Edward, because Dennis's rights in the stairway do not extend beyond the normal life of the existing structure.  Dennis, because Dennis has an easement in the stairway and an implied right to keep the stairway in repair.  Dennis, because Dennis has a right to take whatever action is necessary to protect himself from possible tort liability to persons using the stairway. 