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MMLU / A millionaire owned two adjacent 10-story commercial buildings. One building…

Problem

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question

A millionaire owned two adjacent 10-story commercial buildings. One building housed medical offices, and the other building housed dental offices. The first floors of both buildings were occupied by various retail establishments. The buildings' other floors were rented to professionals and used as offices. There was an enclosed walkway that connected the second floor of each building. Thus, shoppers and office staff could walk across the common walkway and gain access to each building. While the buildings were being used in this manner, the millionaire sold the dental building to an investor by warranty deed, which made no mention of any rights concerning the walkway. The walkway continued to be used by the occupants of both buildings. Thereafter, the walkway became unsafe as a consequence of wear and tear. As a result, the investor hired a contractor to repair the walkway area. When the millionaire saw the contractor removing the carpeting along the walkway, he demanded that the investor discontinue the repair work. After the investor refused, the millionaire brought an action to enjoin the investor from continuing the work. The most likely result will be a decision for

choices

  1. the millionaire, because the investor does not have rights in the walkway.
  2. the millionaire, because the investor's rights in the dental building do not extend to the walkway.
  3. the investor, because the investor has an easement in the walkway and an implied right to keep the walkway in repair.
  4. the investor, because he has a right to take whatever action is necessary to protect himself from possible tort liability from persons using the walkway.

subject

professional_law

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Source and history

task_id
15b6d266-a91e-5349-9419-3e4922e966e0
task_key
all--test--15b6d266-a91e-5349-9419-3e4922e966e0
task_revision_id
1
config / split
all / test

Official source

initial import