6. April owned Greyacre, a vacant tract of land. April agreed to sell it to Derek for $200,000. April then conveyed the signed deed to Greyacre to Tom, an escrow officer, with written instructions to record the deed and deliver it to Derek upon receipt of the $200,000. Two weeks later, April learned that a rezoning of the property had been approved, making the property much more valuable. She sent an email to Tom cancelling the sale of Greyacre to Tom, and demanding the return of her deed. Tom replied that Derek had deposited the required funds on the prior day and Tom had recorded the deed and delivered it to Derek.  What is the most likely result?

13. A woman owned land in fee simple absolute. The woman conveyed the land to a friend “for life,” and when the friend died the land was to go to the woman’s neighbor “and her heirs.”   The neighbor died and in her duly probated will devised her entire estate to a local charity. If she had died intestate, her daughter would have been her only heir.   One year after the neighbor died, her daughter executed a quitclaim deed conveying any interest she might have in the land to the woman’s friend.   The common law Rule Against Perpetuities is unmodified in the jurisdiction. There are no other applicable statutes.   Who has what interest in the land?

PART I: MULTIPLE CHOICE QUESTIONS (One Hour – 30 Questions) Select the best answer out of the available choices.1. Teresa holds title to Blueacre in fee simple absolute. Teresa, believing that Blueacre would be a lovely site for a meditation garden, grants Blueacre “to the City of Rosebury, but if the land is no longer used as a meditation garden, then to Teresa.” What is the correct description of the estate?

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: 19. 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.If Grace sues Woodco for quiet title to the cabin property, she will probably:

Question 2   Larry was always short of cash and owed money to his friend Moe. Looking for a way to raise money fast, he came up with a scheme by which he could raise money fast and get Moe off his back.   On April 1, Larry approached his friend Harry and offered to purchase Stoogeacre, which Harry owned, for $100,000. Harry agreed, and he and Larry executed a valid sale contract for the sale of Stoogeacre. The contract was not recorded, and closing was scheduled for May 1.   On April 15, Larry approached his friend Curly and offered to sell Stoogeacre to Curly for $150,000. Curly jumped at the offer, and Larry conveyed Stoogeacre to Curly via a valid general warranty deed. Curly recorded the deed on April 30. The sale from Harry to Larry closed on May 1, and Larry recorded the deed on May 5.   Larry owed Moe $50,000. On May 10, Larry offered to convey to Moe his interest in Stoogeacre in satisfaction of Larry’s debt to Moe. Moe agreed, and Larry executed a valid quitclaim deed conveying Stoogeacre to Moe on May 15. Moe did not record his deed. Moe immediately began building a single-family residence on Stoogeacre, which he completed on July 15 and promptly moved in.   On July 1, Larry approached his friend Shemp and offered to sell Stoogeacre to him for $50,000. Shemp agreed on the spot to purchase Stoogeacre, and Larry conveyed Stoogeacre to Shemp via general warranty deed on July 10. Shemp promptly recorded the deed.   On July 20, Shemp visited Stoogeacre for the very first time and found Moe living there. He commenced a quiet title action to determine ownership of Stoogeacre.   1.              Who is likely to be deemed the owner of Stoogeacre: Curly, Moe, or Shemp? 2.              What recourse would Curly, Moe, and Shemp have against Larry if not deemed owner of Stoogeacre?

Question 1 (60 Minutes)   Jimi owned Guitaracre, a 100-acre tract of land in Rockville. In 2010, Jimi built a single-family residence on the eastern half of Guitaracre. The only public road accessible from Guitaracre was Highway 61, which ran alongside the eastern border of Guitaracre.   In 2011, Jimi divided Guitaracre into two parcels, an eastern parcel (which he continued to live on and continued to refer to as “Guitaracre”) and a western parcel (“Bluesacre”). Jimi then sold Bluesacre to Duane. Because Bluesacre was landlocked and had no access to any kind of public road, Jimi granted Duane an easement across the northern border of Guitaracre to allow Duane access to Highway 61. The easement was conveyed by a grant deed satisfying all formalities, and Duane promptly recorded it. Duane constructed a paved road, ten feet wide, across the northern border of Guitaracre for this purpose, which was in full compliance with the easement description in the deed, and used that road for access to and from Highway 61. Duane also built a single-family residence on Bluesacre.   In 2012, Jimi sold Guitaracre to Duane and moved to Seattle. Duane continued using the paved road across Guitaracre, because Highway 61 remained the only public road accessible to any part of the combined tract, and the paved road remained the only means of ingress and egress from the western portion of the combined tract to Highway 61.   In 2013, Duane sold Guitaracre to Neil. Neil soon became concerned about Duane, who kept talking about opening a recording studio on Bluesacre. Neil did not want to live next door to a business, which he believed would interfere with his enjoyment of Guitaracre and would increase traffic on the easement across Guitaracre. Therefore, Neil approached Duane and negotiated an agreement with Duane by which Neil and Duane agreed, on their own behalf and on behalf of their heirs and assigns, that use of Guitaracre and Bluesacre would be limited to single-family residences. The agreement was signed by both Duane and Jimi and was duly and promptly recorded. Throughout this time, Duane continued using the paved road to access Highway 61 from Bluesacre.   In 2014, Neil got fed up with Duane constantly playing loud music with his brother, Gregg, and their friends. Neil therefore sold Guitaracre to an English couple, Derek and Layla, and moved back north to Canada. Duane continued to use the paved road for access to and from Highway 61. Derek and Layla knew he was doing so, but made no effort to stop him.   In 2015, Duane died in a motorcycle accident, leaving his entire estate, including the land in Rockville, to his brother Gregg, who moved into the residence on Bluesacre. Gregg used the paved road for access to and from Highway 61.   In 2016, the City of Rockville constructed a new public road, Highway 41, which ran alongside the western border of Bluesacre. From then on, Gregg ceased using the paved road and began using Highway 41.   In 2017, Gregg sold Bluesacre to Elvis. Shortly thereafter, Elvis built Heartbreak Hotel on Bluesacre. The hotel quickly became popular, with rooms being booked months in advance. Elvis had his guests use the paved road to access the hotel from Highway 61, so that his guests could access the hotel from both Highway 61 and Highway 41. This significantly increased the traffic on the paved road across Guitaracre.   Derek and Layla became fed up with the noise and traffic that has arisen as a result of the operation of Heartbreak Hotel in the parcel adjoining their own. They put up a barrier across the paved road to stop hotel guests from crossing Guitaracre. Elvis has brought suit to have them remove the barrier. Derek and Layla have brought suit against Elvis, seeking an injunction to stop Elvis and his guests from using the paved road for ingress and egress to and from Bluesacre and an injunction to stop Elvis from operating Heartbreak Hotel on Bluesacre. Discuss the parties’ rights and remedies.

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