Author Question: Nicholas Sharp and Barry and Rhonda Downey own adjacent tracts of land in Howard County, Maryland. ... (Read 43 times)

urbanoutfitters · **on:** Jun 24, 2018

Nicholas Sharp and Barry and Rhonda Downey own adjacent tracts of land in Howard County, Maryland. Their two adjacent lots were a single tract of land owned by Jack Ryan, Inc, the corporate alter ego of John E. Ryan. On February 20, 1996, Ryan divided the tract by deed, creating Lot 1 and Lot 2. Ryan then conveyed Lot 1 to Pamela Jekel. On the same date as the conveyance of Lot 1, Ryan and Jekel executed an easement instrument which gave Ryan access to his Lot 2 over the existing Jeep trail located on Lot 1. Jack Ryan ended up married to Pamela Jekel and conveyed his lot to Nicholas Sharp. Pamela Jekel Ryan conveyed her lot to Barry and Rhonda Downey. Suppose that Jack Ryan's Lot 2 was landlocked. What rights would he have if the original easement was invalid?
A) He would have an easement by absolutely necessity
B) He would have an easement by express grant
C) He would have an easement in gross
D) None of the above

Question 2

A surety may not raise the defense of mistake because it is not an ordinary contract defense.
Indicate whether the statement is true or false