Covenants and equitable servitudes — MCQs

Two siblings own a warehouse as tenants in common, each holding a one-half interest. Without consulting the other sibling, one sibling signed a five-year lease purporting to lease the entire warehouse to a furniture company. The company took possession and changed the locks. The nonleasing sibling promptly demanded a key and access to store inventory in unused space. The company refused, asserting that its lease gives it exclusive possession during the five-year term. The nonleasing sibling has not agreed to the lease or previously surrendered possession. Which of the following is the most appropriate advice to the furniture company?

A seller owned two adjoining parcels. For 12 years, the seller used a paved driveway across the eastern parcel to reach a residence on the western parcel. The driveway was visible and regularly used. The seller then conveyed the western parcel to a buyer by a deed that did not mention the driveway. The western parcel also connects to a public road through a steep, unpaved strip that can be improved at substantial but not prohibitive cost. After closing, the seller blocked the paved driveway and asserted that the buyer had no right to cross the retained eastern parcel. The buyer seeks an injunction restoring access over the paved driveway. Which of the following is the buyer's strongest argument?

Using only the supplied client file and legal resources, prepare an objective memorandum assessing whether the seller can deliver marketable title to Harbor Lot on the scheduled closing date. Address the recorded access easement, the neighbor's adverse-possession claim, the purchaser's available contractual responses, and the most important additional investigation. The client prefers to complete the purchase if reliable vehicle access and exclusive use of the waterfront can be secured. Do not analyze financing, environmental regulation, or matters outside the supplied sources.

A buyer signed a written contract to purchase a residential parcel. The contract required the seller to convey marketable title by general warranty deed, “subject only to zoning restrictions and recorded utility easements.” Before closing, a title search disclosed a recorded easement allowing the neighboring owner to use a driveway across the rear 20 feet of the parcel. The buyer had not previously known of the easement, which is not a utility easement. The seller refuses to obtain a release, arguing that the driveway is convenient, occupies little space, and does not prevent residential use. The buyer has not accepted a deed and asks whether the buyer must close. Which of the following is the most appropriate advice?

Three siblings acquired a farm under a deed conveying the property “to Alex, Blair, and Casey as joint tenants with right of survivorship.” Each sibling therefore held an equal undivided interest. A judgment creditor obtained a valid money judgment against Alex and recorded a judgment lien against Alex's interest in the farm. Before the creditor took any further action to execute on the lien, Alex died. Blair and Casey claim they now own the farm as surviving joint tenants, free of the creditor's lien. The creditor's lawyer asks whether the lien survives Alex's death. Which of the following best describes the creditor's rights?