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MMLU / A farm and an orchard are adjoining tracts of land located in a county. In 2006,…

Problem

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question

A farm and an orchard are adjoining tracts of land located in a county. In 2006, a farmer purchased the farm, a 10-acre tract, in fee simple absolute. The orchard, a 20-acre tract situated to the north of the farm, 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 farm under such terms and circumstances that an easement appurtenant to the orchard 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 orchard to the farmer. The next year, the farmer conveyed the orchard by deed to an investor for a consideration of $250,000, 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 farm. The farmer, on the other hand, has informed the investor that no such easement exists. Assume that both the farm and the orchard abut a public highway and that ingress and egress are afforded the investor by that highway. In an appropriate action by the investor to determine her right to use the right-of-way across the farm, she should

choices

  1. lose, because the easement was extinguished by merger when the farmer acquired the orchard from the rancher.
  2. lose, because the right-of-way was abandoned inasmuch as there never was any actual use made.
  3. win, because the farmer had constructive notice of the easement.
  4. win, because the investor acquired an easement by implication.

subject

professional_law

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task_id
b92d7d1a-0c61-5d37-9c82-4be082e1cd6e
task_key
all--test--b92d7d1a-0c61-5d37-9c82-4be082e1cd6e
task_revision_id
1
config / split
all / test

Official source

initial import