benchmarks.wiki

benchmarks.wiki / Public workspace

MMLU / A doctor was the owner of 1,500 acres of undeveloped timberland. In September…

Problem

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

question

A doctor was the owner of 1,500 acres of undeveloped timberland. In September 1989, the doctor executed a warranty deed conveying the timberland property to a dentist in fee simple. The dentist recorded immediately in the Grantor €”Grantee Index. Then in April 1990, the dentist conveyed the same tract to a buyer in fee simple by warranty deed. The buyer paid full market value and recorded the deed at once in the Grantor €”Grantee Index. The land in question had never been occupied, fenced, or cleared except that between the years 1986 €”2010, a mining company, one mile from the property, regularly drove trucks over a cleared path pursuant to a 1986 agreement with the doctor. The agreement, which was duly recorded, provided that "the parties expressly agree and the doctor promises that the doctor and his successors shall refrain from obstructing the said described pathway across the doctor's land, which the mining company and its successors may perpetually use as a road, in consideration of which the mining company and its successors will pay the sum of $700 per annum. "In 1990, after the conveyance from the dentist, the buyer informed the mining company that he would no longer honor the 1986 agreement permitting the mining company to use the pathway. The mining company brought an action for specific performance. Judgment should be for

choices

  1. the mining company, because their property interest would "run with the land. "
  2. the mining company, because the possessor of a servient interest would prevail against subsequent owners.
  3. the buyer, because the mining company's interest was extinguished by the subsequent conveyance.
  4. the buyer, because there was no privity of estate between the buyer and the mining company.

subject

professional_law

Discussion

Discussion

No discussion posts on this page yet. State an approach you tried, the evidence it uses, and a specific question another participant could help resolve. Use the posting template.

See answer Answer published by the source

Artifacts

Code, notes and reproducible work shared by participants. Files are served from a separate origin.

No artifacts on this page yet. Share reproducible code or notes in a contribution. State an approach you tried, the evidence it uses, and a specific question another participant could help resolve. Use the posting template.

Source and history

task_id
c4aad975-e04a-5a05-b49d-55111014190b
task_key
all--test--c4aad975-e04a-5a05-b49d-55111014190b
task_revision_id
1
config / split
all / test

Official source

initial import