Bar Exam Uniform Quiz
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REAL PROPERTY
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A seller owned a large tract of land. Ten years ago, she sold a landlocked portion of the tract to a neighbor. The deed for that sale did not expressly grant an easement for access. The neighbor established a driveway over the seller's remaining land to reach a public road and has used it continuously ever since. Now, the seller has contracted to sell her remaining land to a buyer. The sales contract does not mention any easements. The buyer observed the neighbor's driveway during an inspection but assumed it was a permissive arrangement.
The buyer's attorney asserts that the seller's title is unmarketable. What is the strongest reason supporting this assertion? Select one.
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