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MMLU / A farmer was the owner of a 20-acre tract that was situated just south of a…

Problem

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

question

A farmer was the owner of a 20-acre tract that was situated just south of a major boulevard, a street that ran east and west. The farmer's tract was located next to an adjacent 300-acre ranch to the east. Immediately to the west of the farmer's parcel was a 100-acre tract. The farmer subdivided his property into two 10-acre parcels:Parcel 1 was the northern half and bordered along the major boulevard; Parcel 2 was the southern sector and abutted a river to the south. In March 1997, the farmer conveyed Parcel ito a man by warranty deed. No encumbrances were mentioned in the deed. Then in September 1997, the farmer 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. In 1965, the farmer constructed a driveway from what is now Parcel 2, extending over Parcel 1, where it connected with the major boulevard. This driveway lies across what is now Parcel 1 and was used continuously by the farmer until 1997 when he conveyed his property in parcels to the man and the woman. When the woman took possession of Parcel 2, she immediately began to use the drive way across Parcel 1. Thereafter, the man requested that the woman cease to use the driveway over Parcel 1. After the woman refused, the man brought an appropriate action to enjoin the woman from using the driveway. In this action, the man will

choices

  1. win, because his deed antedated the woman's deed.
  2. win, because no encumbrances were mentioned in his deed.
  3. lose, because the woman has an easement by necessity.
  4. lose, because the woman has an express easement.

subject

professional_law

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Source and history

task_id
63436b53-ebb1-5fd0-999b-7e463b3c6ddf
task_key
all--test--63436b53-ebb1-5fd0-999b-7e463b3c6ddf
task_revision_id
1
config / split
all / test

Official source

initial import