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MMLU / A man owned land along the south side of a highway. To the south of the man's…

Problem

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

question

A man owned land along the south side of a highway. To the south of the man's land was a lot owned by a woman who lived on it in a house. Five years ago the man conveyed a right-of-way easement over his land to the woman because it provided a more direct route between her house and the highway. The easement was evidenced by a clearly marked path. The document granting the easement was promptly recorded. Three years ago, the woman conveyed her house to the man. The man never took actual possession of the house. Two years ago, the man conveyed the house to a purchaser by a warranty deed. Two months after the purchaser moved into the house, a neighbor informed him about the easement. He then began using the path that had been marked on the man's land. When the man noticed the purchaser using the path, he erected a barricade on his land that effectively prevented the purchaser from using the path. The purchaser has sued the man, claiming that he has an easement over the man's land. Who is likely to prevail?

choices

  1. The man, because the easement was extinguished.
  2. The man, because the purchaser did not have actual notice of the easement at the time of acquisition.
  3. The purchaser, because he purchased the house by warranty deed.
  4. The purchaser, because the easement was of public record when he acquired the house.

subject

professional_law

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Source and history

task_id
bd733858-8365-52d5-938a-44407546bde0
task_key
all--test--bd733858-8365-52d5-938a-44407546bde0
task_revision_id
1
config / split
all / test

Official source

initial import