Property HyPo need answers! Forum

[Kya6]

Guys I took a property final yesterday and it was fucking brutal. Anyway want your opinions on what this hypo meant!

Essentially a guy had a parcel of land which he first divided into BGE and he placed an “unusual restriction” that non beachfront properties were able to pass through the land. After, he made the other part of the land into BBE, and gave them an affirmative right to cross over BGE, but that his lawyer put that in on accident and he actually didn’t want that included.

Wtf was this? I didn’t think it was an easement because the first restriction was an easement reserved for a third party and was neither affirmative or negative.

Please help!

[cavalier1138]

Here's the best help I can give you:

Stop thinking about your finals after you finish them.

[Bingo_Bongo]

Guys I took a property final yesterday and it was fucking brutal. Anyway want your opinions on what this hypo meant!

Essentially a guy had a parcel of land which he first divided into BGE and he placed an “unusual restriction” that non beachfront properties were able to pass through the land. After, he made the other part of the land into BBE, and gave them an affirmative right to cross over BGE, but that his lawyer put that in on accident and he actually didn’t want that included.

Wtf was this? I didn’t think it was an easement because the first restriction was an easement reserved for a third party and was neither affirmative or negative.

Please help!

I'm thinking the first issue was whether or not the covenant/servitude containing the "unusual restriction" was valid. (intent, vertical and horizontal, privity, touch and concern the land, bla bla bla, it's been years since I had to know this stuff). Then I'm guessing your second issue was whether an easement existed over the land.

But, I don't know. Best to just chillax until your grades come out and not stress over this stuff.