Download Property Law Exam: Alley Access, Deed Warranties, Adverse Possession, & Sale Contract and more Exams Property Law in PDF only on Docsity! CREIGHTON UNIVERSITY SCHOOL OF LAW PROPERTY SPRING SEMESTER EXAMINATION Professor Pearson Friday, April 30, 1993 PART I Page 1 of 4 INSTRUCTIONS: QUESTION NO. 1: (30 Minutes) City owns an alley in the Dandee neighborhood which is routinely used by residents for ingress and egress to their respective garages. The alley runs east to west. The only entrance to the alley is on the western side; the alley terminates on the eastern side without connection to any city thoroughfare. As one enters the alley (heading in an easterly direction), the first lot on the south has a dwelling on it and is owned by Bob. Immediately to the east of Bob's house is another lot and dwelling. This lot and dwelling are owned by Jerry. Directly across the alley from Bob's house (i.e. to the immediate north) is an open lot owned by Bob; directly across the alley from Jerry's house is a lot and house owned by Carol. (NOTE: by "own" it is meant that the individual holds fee simple absolute). This development of residential homes has been in use since its construction only one year ago. Last month, however, the city vacated its property rights in the alley, in accordance with the following ordinance in effect in the jurisdiction: "Upon the vacation of any street, avenue or part of either, the same so vacated shall be and remain the property of the city, but may be sold and conveyed by the city for any price that shall be agreed upon by the mayor and three-fourths of the city council. When an alley is vacated the same shall revert to the owner of the adjacent real estate one-half on each side thereof except that when any alley is taken wholly from one or more lots, upon the vacation thereof, it shall revert to the owner or owners of the lot or lots from which it was originally taken." Bob now would like to enlarge his house in a way which would block access to the alley east of Bob's properties. He seeks your advice. Bob does not care what Jerry and Carol would feel about such an action, but worries instead about his legal rights and any of those held by Carol and Jerry which could be exercised against him. Please advise Bob. PROPERTY SPRING SEMESTER EXAMINATION Professor Pearson Friday, April 30, 1993 PART I Page 2 of 4 QUESTION NO. 2: (Suggested time, 20 minutes) O executes a general warranty deed in 1990 purporting to convey Blackacre to A. A then executes a quitclaim deed in 1991 purporting to convey Blackacre to B. B then executes a special warranty deed in 1992 purporting to convey Blackacre to C. X, the rightful owner of Blackacre since 1980, then informs C of her superior title interest in Blackacre (having secured it by general warranty deed from the state, which had title in the land for the last 200 years). Thereafter, A records the O to A deed. Immediately upon completing the recordation, A dies. This is a race jurisdiction. Present warranties in deeds do not "run with the land." The governing statute of limitations for all purposes is six years. C has never recorded the B to C deed and X has never recorded State to X deed. O has not adversely possessed. (a) does C have any cause of action (against whom?) based on breach of deed warranties in this case? Please discuss briefly. Include in your discussion your view of the effect, if any, of the legal incompetence of the deeds to transfer any property interests in land. (b) assuming that C has lost at common law, can C use the recording statute to overcome the common law result? Please discuss.
