Forming the land sale contract — MCQs

An owner purchased a wooded parcel that has no direct access to a public road. For the past six months, the owner has reached the parcel by using a trail across land owned by a friend, but the friend may revoke that permission at any time. A different neighbor owns land lying between the parcel and the nearest public road. The owner's deed does not mention an easement across either property. The owner asks whether an easement by necessity may exist across the neighbor's land. The title documents currently available do not show whether the two parcels were previously held by the same person or when the alleged lack of access arose. Before advising the owner, which fact would be most important for the lawyer to investigate?

Using only the supplied client file and legal resources, prepare an advisory letter evaluating whether Jordan must close, whether the identified title matters make title unmarketable, and which remedy or negotiation strategy best advances Jordan's stated objectives.

Using only the supplied file and legal resources, prepare an objective memorandum assessing whether the buyer may terminate the land-sale contract because of the zoning restriction and roof damage. Address the seller's counterarguments, available remedies, and the most appropriate next step.

Using only the supplied client file and legal resources, draft an internal case-assessment memorandum to the supervising partner concerning the prior mortgage now asserted against the residence. Explain which deed covenants are implicated, address Seller's anticipated argument that no claim exists until foreclosure, request concrete cure measures, and preserve the purchaser's position without overstating current damages. The client wants to keep the residence and avoid foreclosure rather than rescind the completed sale. Do not assert causes of action or remedies not supported by the supplied materials.

Three friends acquired a lake house under a deed conveying the property “to Alex, Blair, and Casey as joint tenants with right of survivorship.” Several years later, Alex executed and delivered a valid deed conveying Alex's entire interest to Dana. Blair and Casey neither consented to nor learned of the conveyance until after delivery. Alex then died. Dana asks a lawyer whether Alex's death caused Dana's interest to pass to Blair and Casey by survivorship. No agreement restricts any owner's power to transfer an interest. Which of the following best states the parties' ownership interests after Alex's death?

An owner held adjoining front and rear parcels. For 15 years, the owner reached the rear parcel by using a paved driveway across the front parcel. The driveway was visible and was the only practical route for ordinary vehicles, although a steep alternative driveway could be constructed on the rear parcel for substantial expense. The owner sold the rear parcel without mentioning the existing driveway in the deed. Before buying, the purchaser inspected the property and saw the driveway connecting the rear parcel to the public road. After the sale, the owner placed a barrier across the driveway and told the purchaser to construct a new route. Which of the following is the purchaser's strongest argument for continued use of the existing driveway?

A mother and her adult daughter acquired a parcel by a deed conveying the property "to Mother and Daughter as joint tenants with right of survivorship." Each contributed half of the purchase price. Neither later conveyed or mortgaged an interest in the parcel. Several years later, the mother executed a valid will devising "all my interest in the parcel" to her nephew. The mother subsequently died, and the will was admitted to probate. The daughter intends to sell the parcel, but the nephew claims that the will made him a co-owner. Under generally accepted real-property principles, who owns the parcel after the mother's death?