Reference no: EM133394608

Questions:

1. John has been using a road over his neighbor Sam's property for the past 20 years. In the state where John and Sam live, the use of the road for 20 years by John gives John a prescriptive easement. There are no written documents evidencing the easement. The road is plainly visible from an inspection of the property, and it is clear that the road serves as access to John's neighboring property. Sam sells his property to Alice and does not tell her about John's use of the road. Does Alice have constructive notice of John's easement to use the road? Explain your answer.

2. Mary owns a small apartment complex. At the time Mary purchased the apartment complex from Sam, she gave Sam a mortgage securing a debt for $100,000. The mortgage was mentioned in the recorded deed from Sam to Mary for the apartment complex, but the mortgage was not recorded. Mary sells the apartment complex to John. Mary does not tell John about the unrecorded mortgage to Sam. After the sale of the apartment complex from Mary to John, is the mortgage held by Sam enforceable against the apartment complex? Why or why not?