1. You have three (3) hours to complete this exam
2. This is a closed book exam.
3. This exam consists of forty (40) multiple choice questions and one (1) essay
question. The multiple choice section is worth 40 points and the essay question
is worth 60 points.
4. Please complete your answers on the separate “ParSCORE TEST FORM”
using pen or pencil and following the instructions on that form. If you change
your answer, place a clear X through the wrong answer and mark
the correct answer. A machine will score the exam and any ambiguities will be
counted as a wrong answer.
5. Please answer the essay question in the blue books provided to you. Write
only on the right hand side of the page (skipping a page each time) and double-space
your work. Please write legibly.
6. Write your exam number on your exam envelope. Put your correct class section
and student exam # at the top of this page, each page of questions, each blue
book, and the “ParSCORE TEST FORM.” Do not use
your name, student ID number or Social Security Number on any exam materials.
7. At the conclusion of the exam, return all test materials, including blue
books, ParScore answer sheet, scratch paper, and this exam packet to the envelope
and submit it to the proctor. DO NOT seal the envelope. Students
who do not return all exam materials at the end of the exam may not be graded.
GOOD LUCK!
Essay Question
(60 points)
Owen and Flora were owners of adjacent tracts of farmland located in the State
of Bliss. Owen owned Greenacre and Flora owned Pinkacre. Both Owen and Flora
were organic farmers and sought to promote and maintain organic farming principles.
Accordingly, in 1990 Owen and Flora entered into a written agreement whereby
each promised to the other that their respective parcels would only be used
in a manner consistent with organic farming principles, that neither would use
non-organic material in their farming operations, and that their mutual obligation
would be binding on both parties, their heirs, successors, and assigns, and
for the benefit of the respective other party, his heirs, successors, and assigns.
In 1992, the State of Bliss was experiencing decreased levels of rainfall, and, as a result, Flora did not have a consistent supply of water for her farming endeavors on Pinkacre. Flora was very concerned that the occasional water shortages would destroy her crops for the year. Owen was less concerned because Owen had installed a well on Greenacre, which provided Greenacre with a supplemental water source.
Owen, a generous and compassionate neighbor, allowed Flora to access Greenacre’s irrigation system to so that she could water Pinkacre’s crops during the dry season. This was accomplished by extending the pipes from Greenacre’s irrigation system by ten feet, so that it reached ten feet onto Pinkacre. Flora used Greenacre’s irrigation system to supplement the water supply to Pinkacre during the dry seasons, from 1992 until 1996, when the water supply returned to normal. Flora did not access Greenacre’s water supply after 1996, but the pipes extending the irrigation system from Greenacre to Pinkacre were still in place when Flora sold Pinkacre to Sue in 2000.
When Sue purchased Pinkacre in 2000, she was not aware of the 1990 agreement between Owen and Flora. (Although a copy of the 1990 Owen and Flora agreement was recorded and indexed under both Greenacre and Pinkacre in the official indexes, Sue did not look at the official index and therefore, did not see the record of the agreement.) Sue was a conventional farmer, who did not adhere to organic farming principles, and used non-organic materials in her farming operations.
When Owen learned that Sue was using non-organic material on Pinkacre, he informed her of the agreement that he had made with Flora in 1990. Owen told Sue that his agreement with Flora prohibited the use of non-organic materials on Pinkacre; Owen demanded that Sue stop using such materials on Pinkacre. Sue ignored Owen, and continued farming using conventional, non-organic farming methods. Owen, angered by Sue’s actions, disconnected the pipes, which had been installed in 1992 to extend the water supply from Greenacre to Pinkacre.
Owen has filed a lawsuit against Sue. In his lawsuit, Owen requests an injunction, prohibiting the use of non-organic materials on Pinkacre, or, in the alternative, money damages for Sue’s violation of the 1990 covenant between Owen and Flora.
Sue claims that she is not bound by Owen’s 1990 agreement with Flora. Sue also wants Owen to restore the extension of pipes which had previously provided Pinkacre with access a supplemental water source from Greenacre. Owen has refused to restore the pipes, claiming that Sue has no right to use the water from his property. Owen’s refusal to restore the pipes infuriates Sue who had been planning to install a pool on Pinkacre; she had hoped to use the water from Greenacre to supply water to her pool.
Discuss and assess the claims raised by the parties. In assessing the parties' claims please be sure to address: 1) whether the 1990 agreement between Owen and Flora regarding the use of organic principles and materials on Pinkacre is enforceable against Sue; and 2) whether Sue is entitled to continued use of Greenacre's well water as a source of supplemental water for Pinkacre. Assume that the State of Bliss applies common law principles of property law.
END OF EXAM