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24. David owns two adjoining parcels of property, Blackacre and Whiteacre. Powerlines crossing the adjacent parcels carry power from Blackacre to Whiteacre. David sells Whiteacre to Steve for industrial use. In order to allow Steve’s use of Whiteacre, at the time of the sale of Whiteacre, David granted Steve access through Blackacre for electric power lines that cross Blackacre. The deed from David to Steve does not refer to the power lines or to Steve’s ability to access them via Blackacre. Over the next six months, Steve spent $25,000 in order to prepare the property for his industrial operations. Over the following year, Steve accessed the power to conduct his operations on Whiteacre through the power lines crossing Blackacre. If David later tries to deny Steve’s ability to access the property, Steve should argue that:

17. Seven years ago, a man conveyed vacant land by warranty deed to a woman, a bona fide purchaser for value. The woman did not record the warranty deed and did not enter into possession of the land.   Five years ago, the man conveyed the same land to a neighbor, also a bona fide purchaser for value, by a quitclaim deed. The neighbor immediately recorded the quitclaim deed and went into possession of the land.   Two years ago, the neighbor conveyed the land to a friend, who had notice of the prior conveyance from the man to the woman. The friend never recorded the deed but went into immediate possession of the land.   The jurisdiction has a notice recording statute and a grantor-grantee index system.   If the woman sues to eject the friend, will the woman be likely to succeed?

Questions 9 – 10 are based on the following fact situation: 9. Mike, who owns Blackacre in fee simple absolute, conveyed Blackacre “to Hill, if Hill is elected Senator.” At the time of the conveyance, Hill is 36 years old. Is this conveyance valid or void pursuant to the Rule Against Perpetuities?

Questions 9 – 10 are based on the following fact situation: 10. Mike, who owns Blackacre in fee simple absolute, conveyed Blackacre “to Hill, if Hill is elected Senator.” At the time of the conveyance, Hill is 36 years old. Is this conveyance valid or void pursuant to the Uniform Statutory Rule Against Perpetuities?

22. Russell owns 30 acres of vacant property and plans to use it for residential development. Without Russell’s permission, the United States Postal Service installed a permanent mailbox on one corner of the property. The mailbox was mounted on a wooden fence post placed in a concrete slab, and takes up approximately 2.5 square feet of land. Russell demanded that the mailbox be removed, as he does not want to receive mail at this property which he rarely visits, and does not want his mail to be stolen. If Russell files an action seeking a determination that the mailbox constitutes a taking of his property without just compensation, what is the most likely outcome?

8. Crystal sold her 10-acre lot of vacant land to Monica for $100,000. At closing, Crystal delivered a deed to Monica. Shortly after closing the purchase, Monica realized that there was an easement to the local sewer company to use the vacant land as a holding ground for their garbage trucks. If Monica sues Crystal for breach of covenant and loses, which of the following, if true, would provide the strongest legal argument for Monica losing?

21. A man conveyed land by quitclaim deed as a gift to his cousin, who did not then record the deed or take possession of the land. Six months later, when the man was still in possession, he conveyed the land by quitclaim deed as a gift to a friend, who knew nothing of the deed to the cousin. The friend did not record his deed. The man then vacated the land, and the friend took possession.   The recording act of the jurisdiction provides as follows: “No unrecorded conveyance or mortgage of real property shall be good against subsequent purchasers for value without notice, who shall first record.”   Recently, the cousin learned about the friend’s deed and possession, immediately recorded her deed, and sued the friend for possession and to quiet title. The friend then recorded his deed and raised all available defenses.   For whom is the court likely to decide?

11. Blake conveyed his farm to “Forrester for life, then to Peter for ten years, then to Ted.” Shortly after the conveyance, Blake, Peter and Ted died in a freak accident on a boat, each without a will. Ten years later, Forrester passes away. Who owns the farm?

Questions 18 – 19 are based on the following fact situation: 18. In August 1990, Grace and Jack, madly in love, decided to move in together without the benefit of marriage and to camp permanently on some forest land owned by a company, Woodco. Being free-spirited, Grace and Jack continued to live on the land, gradually building a log cabin and raising fruit and vegetables in a nearby garden plot. Woodco employees periodically asked Grace and Jack to leave, but their requests were ignored. In September 2006, Jack left the cabin for a 12-month boat trip around the world, while Grace stayed home at the cabin. Jack returned in December of 2007 and the couple’s relationship was different. In October 2011, Grace and Jack had a huge fight and Grace moved out. Jack has continued to live in the cabin to this day. Woodco now wants to quiet its title to the land on which the cabin sits. The statute of limitations in this state is 20 years. In a suit against Jack, Woodco would probably:

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