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QUESTION ONE In 2001, Owen purchased a large parcel of land called Bisonacre, Bisonacre consists of several acres of forests plus a small vacation cottage. Owen and his family frequently visited the property for vacations. As Owen got older, he decided to transfer the property to his children. In 2015, Owen filled out a general warranty deed he downloaded from the internet. In the deed, Owen specified that he was transferring the property known as Bisonacre “to his two children Ken and Lisa to hold jointly during their lives with a right of survivorship.” Owen gave the original decd to his daughter Lisa. Owen asked Lisa not to record the deed or to tell her brother Ken “until he gets over his drug problems.” Owen also told Lisa, “I gave a copy of the decd to our attorney. He will give it to Ken when he’s out of rehab. Don’t worry about the taxcs and insurance for the property. I will keep paying those bills until Ken is on his fect again and you start making more money. But I hope you will invite me to stay when 'm able to travel.” Lisa responded, “Wow. Thanks dad.” Shortly after receiving the deed, Lisa decided that the property would be more valuable if the small vacation cottage was replaced with a modern house which could bring in rental income. Lisa obtained a loan on her interest in the property and had a new house built with the loan procecds. When the house was complete, Lisa arranged a scries of short-term rentals and used the rental income to pay the loan on the property. Lisa always kept 10% of the rental income as compensation for her time maintaining the property and oversecing its rental. In January 2020, Lisa rented the property to Trevor for three years. The lcasc specified that Trevor was renting the house and the yard immediately surrounding the house, but that Trevor had no right to occupy or use the forests on Bisonacre. In February 2021, Lisa negotiated a contract with Fuelco to cut down 100 trees on the property. Fuelco paid Lisa $20,000 and agreed to plant new trees to replace the ones cut down. When Fuelco began to cut down the trees, Trevor objected strenuously even though Fuclco’s activities were almost a half mile away from the hous on the property. When Lisa reminded Trevor in a telephone call that he had no rights to the forested area, Trevor shouted at Lisa and hung up on her. Trevor also tried to interfere with Fuclco’s activities to such an extent that Fuclco eventually hired a security guard to prevent Trevor from coming into the arca where Fuelco was working. Fuelco also notificd the police about Trevor’s actions. About a month later, Trevor started to complain to Lisa in emails about various issucs at the house. Trevor first complained that it took five minutes for him to get hot water in the shower in the morning. Lisa immediately had the hot water tank checked and adjusted. After the adjustment, there was still a minute o two delay in the hot water getting to the bathroom Trevor used, but that type of delay is within acceptable standards according to Lisa’s plumber. Trevor also complained that the guest toilet in the house was backed up. Once again, Lisa quickly responded by calling her plumber. The plumber snaked the drain and discovered that someone had been throwing paper towels and disposable masks into the toilet. Finally, after several days of rain, Trevor complained that there were still large puddles of water on the driveway and on THIS IS PAGE 2 OF 7 PAGES INCLUDING 3 PAGES OF SCRATCH PAPER onc of the walkways. Lisa told Trevor there was nothing she could do about rain and that Trevor would have to grow up and deal with it. The next month, Trevor only paid half the rent, Lisa sent him an email demanding full rent, but Trevor didn’t respond. The next month, Trevor paid only half the rent. Lisa then began eviction procecdings against him. While the eviction action was pending, Lisa’s brother Ken died from an overdose. His wife Erica claims she is entitled to one half of the property as Ken’s solc heir. Erica also asserts that she is entitled to one half of the rental income Lisa collected while Ken was the co-owner of the property. Erica has also accused Lisa of waste and has demanded on half of the revenue Lisa received from Fuelco. Lisa asserts that afier Ken’s death she because the sole owner of the property and that she owes Erica nothing. What interest, if any, did Lisa and Ken have in Bisonacre while Ken was alive? What interest, if any, did Fuclco have in the property? What is the likely esult of Lisa’s cviction action against Trevor? Assuming that Erica sucs Lisa, what is the likely result of Erica’s claims against Lisa? Discuss. st el

QUESTION TWO Helen is the owner of a parcel of land next to Shatto Lake. Shatto Lake is used for various recreational activitics such as swimming and kayaking. Helen decided that her property was too big for her needs. She sold the portion of the land which is closcst to the lake to Todd and retained the other portion where her house is located. When Helen handed over the deed to Todd she said, “I'm transferring the land to you, but 'm still going to use the path when I want to walk to the lake. If I don’t keep the right to use the path, I won’t have any other way to get to the Iake.” Todd responded, “Of course, we arc neighbors now.” Todd lived on the lakeside portion of the property for five years and then sold his property to Nancy by a general warranty deed in 2021. A month after Todd gave Nancy the deed, Nancy discovered an outstanding judgment against Todd that was recorded against the property. Nancy also discovered that a major hotel chain was planning to build a hotel in close proximity o Nancy’s property. Based on these discoverics, Nancy sued Todd for breach of contract and breach of the covenants contained in the deed. Nancy also sucd the company that provided her with title insurance for the transaction. After Nancy took occupancy of the property, she erected a fence on the portion of her property bordering Helen’s land. Helen objected to the fence and filed suit against Nancy alleging that Nancy was interfering with Helen’s rights to usc the path on the property. In June 2022, the State decided to improve the public amenities near Shatto Lake by putting ina picr, building lifeguard stations, and installing a bike path around the lake for cyclists. The State decided to make these improvements to encourage the major hotel development planned near Nancy’s property. After the State developed the plan to upgrade Lake Shatto, the State acquired several parcels from willing sellers. The State approached Nancy and offered to buy her parcel, but Nancy adamantly refused to sell because of her “cmotional attachment to the property and fo Lake Shatto.” The State then began eminent domain proceedings to acquire Nancy’s parcel. The hotel project was recently reviewed by the Shatto Lake City Council. The City Council approved the project, but added a condition requiring the developer of the hotel to pay for the construction of a four-mile bike path around Shatto Lake. The developer strongly objects to the condition and has threatened to suc the city. 1. What will be the likely result of Nancy’s lawsuit against Todd for breach of contract and breach of the covenants in the gencral warranty decd.? 2. What will be the likely result of Nancy’s lawsuit against her title insurance company? 3. What will be the likely result of Helen’s lawsuit against Nancy for erecting the fence and blocking Helen’s use of the path? 4. What will be the likely result of the State’s cminent domain action against Nancy? 5. Ifthe hotel developer sues the city regarding the bike path condition, what would be the likely result of the lawsuit? Discuss.