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MMLU / A developer was the owner of a 300-acre tract of land that was located in a…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

A developer was the owner of a 300-acre tract of land that was located in a rural county. Over the course of time, she developed the property into a residential subdivision. A four-lane public highway ran along the northern boundary of the residential subdivision. When the residential subdivision was first plotted, the developer constructed a private road along (and including) the western boundary of the subdivision. This private road was used only for the benefit of the owners who purchased lots in the subdivision. A homeowner owned a 20-acre tract immediately outside of the residential subdivision, which was situated just below the public highway and immediately adjacent to the west side of the private road. The homeowner's property was divided into two 10-acre parcels: Parcel 1 was the northern half and bordered along the public highway; Parcel 2 was the southern sector and abutted a river. In 1997, the homeowner conveyed Parcel 1 to a man by warranty deed. No encumbrances were mentioned in the deed. Six months later, the homeowner conveyed Parcel 2 by warranty deed to a woman. Both the man and the woman promptly recorded their deeds with the County Recorder's Office. Assume that no part of Parcel 2 adjoins a public road. Consequently, the woman constructed an access road connecting her property to the private road. After the woman used the private road for approximately two months, a teacher who was an owner within the residential subdivision, ordered the woman to discontinue using the private road. In an appropriate action by the teacher against the woman to enjoin the use of the private road, the woman will

choices

  1. win, because there is an easement by estoppel over the private road.
  2. win, because there is an implied easement appurtenant over the private road.
  3. lose, unless the private road is the only access road by which woman can gain ingress and egress to her property.
  4. lose, because she has no legal right to travel over the private road.

subject

professional_law

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Source and history

task_id
5106ccf3-8f3c-59c2-8cc3-d54177168190
task_key
all--test--5106ccf3-8f3c-59c2-8cc3-d54177168190
task_revision_id
1
config / split
all / test

Official source

initial import