Property II
Final Examination
Fall 2000
Professor Brower

Olbert was the owner of Blackacre Plaza, a small six-store strip mall/shopping center in Springfield. In addition to the six stores; Blackacre Plaza consisted of a parking lot with 60 spaces, 55 for vehicles and five spaces reserved for persons with disabilities and marked accordingly. The parking lot was paved and extended from the sidewalk in front of the stores to the street. It also contained four fifteen-foot Jacaranda trees which, while beautiful, dropped flower petals, leaves and generally required periodic maintenance of the parking area.

On June 10, 1998, Olbert leased store #2 to Anika for five years for use as Anika's business, "The Frying Dutchman", a fast-food restaurant specializing in the cuisine of the Netherlands. In addition to the lease, a separate agreement was worked out and signed on June 7, 1998. That written agreement said: "The party of the first part, Olbert, will permit store #2, The Frying Dutchman, owned by the party of the second part, Anika, and the assigns of the party of the second part, to have the exclusive use of fifteen (15) parking spaces for the customers of `The Frying Dutchman."' Anika paid $5.00 per square foot rent monthly for all the benefits under her lease. Per the lease, she stenciled "Reserved for Customers of The Frying Dutchman" on her fifteen parking spaces. Two days before her lease was signed, Anika asked Olbert, as the owner of the yetunrented store #1, to agree that that store would not have busses and trucks park there as they might interfere with her customers. Olbert so agreed in writing on June 8, 1998.

On April 4, 1999, Olbert leased store #3 to Benton for four years so that Benton could open his bakery, "Much Ado About Muffins." Clause #12 of Benton written lease stated that, in exchange for a reduced rent of $4.50 per square foot payable monthly, Benton, his heirs and assigns, agreed during the term of his leasehold to maintain the Jacaranda trees in the parking lot so that they were trimmed and the debris would not fall on the parked cars.

In 2000, Olbert rented store #1 to The Springfield Historical Society (its motto: "Where The Dead Come Alive, Metaphorically!") Later that year, Benton sold "Much Ado About Muffins" to Anika. The terms of the sale transferred ownership of the equipment, store furnishings, fixtures, and the leasehold. Anika believed that she could capitalize on her existing European food theme by reopening the bakery as a pastry shop called "The French Confection." Anika correctly predicted that customers would line up to buy her Parisian pastries at The French Confection. To take care of the increased demand at her stores, she raised her prices and changed the stenciling on her reserved parking spaces to include patrons of The French Confection.

It is now 2001. Olbert has come to you for your expert legal opinion on three problems he is having at Blackacre Plaza. Now that Benton is gone, no one is cleaning up the mess from the Jacaranda trees. He wants to force An ika to take care of the problem. Second, he would like to know if he has the right to demand that Anika buy additional parking spaces from him for "The French Confection" customers, rather than use the reserved ones as she is currently doing. Third, Anika is disturbed that the. Historical Society parks busloads of schoolchildren in front of its store during their school field trips. She is suing; the Society for damages for breach of Olbert's June 8, 1998 agreement with her. The Society ha:, said that if it has to pay Anika, it will reduce its rent to Olbert accordingly. He wants to know whether Anika can collect damages from the Society. Give him your expert legal opinion.

You may use only one exam booklet. Write only on the right-hand pages, skipping every other line. Please answer each question completely, yet concisely. Good Luck and Happy Holidays.