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MMLU / Owner owned two adjoining lots. There was a building located on both lots that…

Problem

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question

Owner owned two adjoining lots. There was a building located on both lots that was separated by a party wall. The building was called a "twin" home, i.e., it was divided into two separate residential units. However, the front entrance was located entirely on one of the lots; there was a door through the party wall that the occupants of the adjoining residence used to access their home. Owner sold the lot on which the stairway was located to the buyer, and owner continued to reside in the remaining part of the building. The deed did not contain a reservation of a right to use the doorway. The parties later disputed whether owner could continue to use the entrance that was located on the lot that he sold. What will a court most appropriately decide regarding the rights of the disputing parties?

choices

  1. The owner retained an implied right to an exclusive license by necessity to use the doorway.
  2. The buyer can prevent access to owner because the deed was defective in not reserving a right to use the doorway.
  3. The court will automatically order a new deed be drafted containing court-ordered language that includes a reservation of rights.
  4. The court will conclude that an implied easement is created by law for the benefit of owner to use the doorway.

subject

professional_law

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Source and history

task_id
82183459-b2cf-59c6-a6a0-859a090ddc13
task_key
all--test--82183459-b2cf-59c6-a6a0-859a090ddc13
task_revision_id
1
config / split
all / test

Official source

initial import