Download Legal Advice on Property Disputes: Warranty Deeds, Adverse Possession, and Easements and more Exams Property Law in PDF only on Docsity! CREIGHTON UNIVERSITY SCHOOL OF LAW PROPERTY, § B SPRING SEMESTER EXAMINATION Professor Pearson Monday, May 1, 2000 PART I Page 1 of 4 INSTRUCTIONS: THIS IS PART I OF A THREE-HOUR CLOSED BOOK EXAMINATION. BOOKS, STUDY NOTES, PAPERS, OUTLINES, OR ANY OTHER MATERIALS ARE NOT PERMITTED IN THE EXAMINATION ROOM. YOU HAVE NINETY (90) MINUTES TO COMPLETE THIS PART OF THE EXAMINATION, WHICH CONSISTS OF SIX (6) QUESTIONS. PLACE YOUR EXAM NUMBER, SECTION, PROFESSOR'S NAME, AND COURSE TITLE ON EACH ANSWER BOOK. IF YOU WRITE MORE THAN ONE BOOK, NUMBER THE BOOKS, e.g., 1 of 2, 2 of 2. QUESTION NO. 1: (Suggested time, 15 minutes) O purportedly conveyed Blackacre in fee simple to A by general warranty deed. A lived on Blackacre for ten years at which point she decided to move to France for three years to pursue an advanced academic degree in art . For the three year period of her absence, she let her sister B live in the house on Blackacre free of charge. It was A's hope that B would keep the place secure and in repair during the three years. A intended to move back into Blackacre upon her return and at that time intended to ask B to leave (A may like B but A doesn't want to live with her). B thought this arrangement was fine and moved in when A departed for foreign shores . Six months thereafter, however, X appeared. It turns out that X is the true owner of Blackacre and has been for twenty years. When B learned of this, B contacted A. Needless to say, A was angry and appalled. "I would like you to stay on," said A to B, " but I guess if you get thrown off, there's nothing I can do about it." And that is what happened. X ejected B and took possession. B, a contentious sort, is miffed by this turn of events and by A's acquiescence to these same events . B has learned that perhaps she has a lawsuit against O for breach of warranties "or something." She seeks out your legal advice on this and any other relevant matters. Give B your advice about the state of the law regarding the rights of X, O, A and B. QUESTION NO. 2: (Suggested time, 15 minutes) The following events occurred in the order they are presented. All conveyances and purported conveyances were of fee simple absolute to Blackacre. At the outset of events, O has fee simple title to Blackacre. O conveyed to A. O then purportedly conveyed to B. B recorded the O to B deed. A recorded the O to A deed. B purportedly conveyed to D. D recorded the C to D deed. A purportedly conveyed to C. C recorded the A to C deed. The jurisdiction has a tract index, which means that Blackacre is listed by its legal description (by lot and block number). (a) Who has title at common law? (b) Who would like to overcome the common law result by using the recording system? (c) Assuming that D would like to overcome the common law result by using the recording system, may he do so? If so, why; if not, why not?
