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MMLU / A landowner sold and conveyed a parcel of land to the buyer by a deed containing…

Problem

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question

A landowner sold and conveyed a parcel of land to the buyer by a deed containing this clause: "Less and excepting a strip of land forty feet wide along the east side of Winter Street, all the way across said land, for use in the future if and when a road is needed for travel. " They had signed a side agreement during negotiations saying that the landowner-seller would retain an absolute right to travel over that strip of land for certain purposes. The buyer later stopped the seller from continuing to use the strip for travel because no road had been constructed. The landowner sued the buyer, claiming that he still owned the forty-foot strip of land because it was not conveyed in the deed and was at best ambiguously stated. Will the court consider the outside evidence that the parties intended this to be a right-of-way over the buyer's land?

choices

  1. No, the court will confine itself to what is in the four corners of the deed.
  2. No, because that would violate the parole evidence rule.
  3. Yes, because the court always has a right to reform the wording of a deed according to the court's interpretation of what it means.
  4. Yes, because an ambiguously-worded easement or right-of-way can be supplemented by outside information to get at the true intention of the parties.

subject

professional_law

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Source and history

task_id
73073d72-4290-5dce-b029-94e99d8f41bb
task_key
all--test--73073d72-4290-5dce-b029-94e99d8f41bb
task_revision_id
1
config / split
all / test

Official source

initial import