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MMLU / A landowner owned a 10-acre tract of land, in fee simple. The tract was located…

Problem

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question

A landowner owned a 10-acre tract of land, in fee simple. The tract was located in a small town. In 1974, the landowner conveyed the tract to the town development association "on condition that a ski lodge and resort area be built thereon and the land be used solely for skiing purposes and, in the event that said property is not used as a ski resort, the property shall revert to myself, the grantor, my heirs or assigns. " Subsequently, a ski lodge was built and the land was continuously used as a ski resort for more than 20 years. In 1979, a neighbor, owner of a farm abutting the northeast corner of the 10-acre tract, began to use a portion of the 10-acre tract for ingress and egress to his farm. He used this access road openly, visibly, and notoriously until 2000. The period of prescription in this particular jurisdiction was 20 years. In March 2000, the neighbor decided to sell the farm to a skier. Thereupon, the neighbor and the skier entered into a written real estate sales contract, with closing set for May 1, 2000. On April 1, 2000, the president of the town development association was approached by the skier with the request that a written easement be given over the used area and that an appropriate instrument be delivered to the skier concurrently with the skier's closing with the neighbor. Following the president's meeting with the skier, the town development association held a duly announced meeting and voted unanimously to authorize its trustees to grant such an easement. On April 15, 2000, the landowner died. The landowner's sole descendant and successor in interest was his wife. Upon her husband's death, the wife immediately notified the town development association that if it granted the easement to the skier, the 10-acre tract would revert to her. The skier then brought an appropriate action, joining the neighbor, the wife, and the town development association, seeking a declaratory judgment that the neighbor has a perpetual easement appurtenant to the 10-acre tract. In this action, judgment should be in favor of which of the following parties?

choices

  1. The wife, because the skier could not obtain rights against the town development association by prescription.
  2. The wife, because the easement would violate the negative restriction that the landowner originally sought to impose.
  3. The skier, because the neighbor had already obtained an easement by prescription.
  4. The skier, because the language of the conveyance to the town development association was too vague to support any claim by the wife.

subject

professional_law

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Source and history

task_id
162460dc-6fee-55a1-aea4-99821c68eabe
task_key
all--test--162460dc-6fee-55a1-aea4-99821c68eabe
task_revision_id
1
config / split
all / test

Official source

initial import