In 1948, the Phipps family devised real property to Palm Beach County. The deed provided in part that the conveyed premises were to be used only as a public park and public bathing beach and recreational area ... and for no other purpose. Nine years later, in October 1957, Palm Beach County conveyed the property to the Town of Palm Beach. This 1957 deed did not reiterate the specific restrictive public recreation language of the 1948 deed, but instead provided that the conveyance was subject to easements, covenants, limitations, reservations and restrictions of record. At the time of the 1948 conveyance, a caretaker's shack existed on the property. In 1964, the shack was expanded to a fire station complex and then expanded again in 1979. The Town now seeks to replace the old fire station with a new one on a different site within the same property. Which of the following statements is correct?
A)The fire station can remain on the property because the restriction was waived.
B)The fire station violates the deed restriction and will cause the land to revert.
C)The grant is unclear and therefore does not affect the use of the land.
D)Deed restrictions do not apply to municipal grants.
Question 2
Randy Quince has leased an apartment in the Charlton Arms complex. The landlord changes the air filters in the apartment heating and air conditioning units on the first day of each month. On February 1, 2010, Randy is traveling for his job and no one has been at his apartment. Because Randy is traveling, the landlord has been unable to reach Randy. The maintenance company for the landlord is given access to Randy's apartment to change the filter.
A) The landlord has breached Randy's covenant of quiet enjoyment.
B) The maintenance company has trespassed in Randy's apartment.
C) Neither the maintenance company nor the landlord have done anything wrong in entering the apartment to replace the filter.
D) Maintenance is not a sufficient reason to enter a tenant's premises without permission.
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