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MMLU / An orange grove and a vineyard are adjoining tracts of land located in a county.…

Problem

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question

An orange grove and a vineyard are adjoining tracts of land located in a county. In 2006, a farmer purchased the orange grove, a 10-acre tract, in fee simple absolute. The vineyard, a 20-acre tract situated to the north of the orange grove, was owned by a rancher in fee simple absolute. A remote predecessor of the farmer had granted to a shepherd a way for egress and ingress across the orange grove under such terms and circumstances that an easement appurtenant to the vineyard was created. This right-of-way was executed by deed and properly recorded. The shepherd, however, never made any actual use of the right-of-way. In 2010, the rancher conveyed the vineyard to the farmer. The next year, the farmer conveyed the vineyard by deed to an investor for a consideration of $200,000, receipt of which was acknowledged. Neither the rancher €”farmer deed nor the farmer €” investor deed contained any reference to the easement for right-of-way. The investor has now claimed that she has a right-of-way across the orange grove. The farmer, on the other hand, has informed the investor that no such easement exists. Assume that the orange grove abuts a public highway. The only access to that public highway for the vineyard is across the orange grove. If the investor initiates an appropriate action to determine her right to use the right-of-way across the orange grove, she should

choices

  1. prevail, because an easement by implication arose from the farmer's conveyance to the investor.
  2. prevail, because once an easement is properly recorded, it remains in effect ad finem until expressly released.
  3. not prevail, because any easements were extinguished by merger when the farmer acquired a fee simple in the vineyard.
  4. not prevail, because the deed of conveyance from the farmer to the investor failed to contain any mention of the right-of-way.

subject

professional_law

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task_id
71827a1c-87b2-54f0-8a75-4e61b450db13
task_key
all--test--71827a1c-87b2-54f0-8a75-4e61b450db13
task_revision_id
1
config / split
all / test

Official source

initial import