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MMLU / A partnership conveyed a general warranty deed representing a vacant parcel of…

Problem

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question

A partnership conveyed a general warranty deed representing a vacant parcel of land to the purchaser. In the deed, the grantee and her assigns were required by covenant to share proportionately in the paving of a road that abutted the property. The grantee conveyed the property to a married couple by special warranty deed that did not contain any of the conditions of the covenant regarding paving the new road. The buyers did not have an attorney and did not do a title search. When the road was completed, the married couple buyers refused to pay the share that was demanded of them. The original sellers of the parcel sued the couple in an equity claim without a jury. The judge ruled that the couple had to pay their share of the paving. On appeal, will the appellate court affirm the trial judge's order?

choices

  1. Yes, this is a covenant running with the land because it was intended to apply to the first purchaser's heirs and "assigns".
  2. Yes, because a landowner is in any event responsible for her share of improvements to any abutting private roads.
  3. No, because the general warranty of the original sellers did not apply beyond the first purchaser.
  4. No, because the paving requirement had to be placed in the deed to the married couple and it was not.

subject

professional_law

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Source and history

task_id
f2c0fe36-a35b-55a4-a2f4-70f1437bd723
task_key
all--test--f2c0fe36-a35b-55a4-a2f4-70f1437bd723
task_revision_id
1
config / split
all / test

Official source

initial import