Reference no: EM133079179
Question - In 1980, Donald Duck properly executed and delivered a quitclaim deed to a 1/4 acre of his land to his neighbor, Daisy Duck, which included an "easement of way, thirty feet wide" along the southern boundary of Donald Duck's five acre residential parcel. Daisy Duck never recorded the deed. In 1981, Daisy Duck graded and graveled a twenty-foot wide road along the southern boundary of the five-acre parcel. Since then, Daisy Duck has used the road daily to reach her house on the 1/4 acre that Donald deeded to her and has maintained the road as needed.
In 1985, Donald Duck conveyed his entire five acre parcel to Goofy by a properly executed and delivered limited warranty deed. The deed to Goofy made no mention of any easement. Goofy paid Donald Duck $60,000 for the conveyance and records the deed.
In September 2008, Goofy and Mickey Mouse signed the following contract concerning the five acre parcel:
"Goofy agrees to sell and Mickey Mouse agrees to buy the following land as described in the legal description attached in Exhibit A [the legal description is correct]. Purchaser agrees to a Purchase Price of $90,000 cash and to close December 15, 2008."
On December 15, 2008, Mickey Mouse paid Goofy $90,000 cash, and Goofy properly executed and delivered a general warranty deed conveying the land to Mickey Mouse. The deed contained no mention of the easement. Mickey Mouse promptly recorded the deed.
Throughout the years, Daisy Duck has continued to openly use and maintain the road.
In June 2009, Mickey Mouse built a fence blocking the road to Daisy Duck's house. Daisy sues Mickey.
What right, if any, does Daisy Duck have to continue to use the road? Discuss.
What rights, if any, does Mickey Mouse have against Goofy based on the contract, the deed, or both? Discuss.
What rights, if any, does Goofy have against Donald Duck for indemnification for Goofy's lawsuit with Mickey Mouse?
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