Property II
Final Examination
Spring 2000
Professor Brower

In 1960, Arnold was the fee simple absolute owner of Blackacres, property in a sparsely populated area of Springfield 30 miles from Springfield City. Blackacres is bounded on the east by Eastern Lane, on the north by state land, on the west by Western Road, and on the south by other private property. Blackacres contained a lake on the southern part of the property. Arnold built a small cabin on the north shore of the lake and used the lake for recreation, boating, swimming, and water-skiing. He named the lake, Lake Blackacres. In 1965, Arnold sold the north section of Blackacres, including the cabin, to Belinda [lot 1 on the map]. Arnold retained all of Lake Blackacres for himself. However, Belinda used Lake Blackacres for recreation as Arnold had when he owned the cabin. The following year Arnold sold the remainder of the property to Carlos [eventually containing lots 2-30 on the map].

In 1970, Belinda wanted to replace the cabin with her dream house. She was concerned, however, that Carlos might build or use his property in a manner inconsistent with the up-to-now unspoiled view. Therefore, Belinda asked Carlos to promise that he and his heirs would only use his property for singlefamily dwellings and not for commercial uses. Carlos had no plans to do anything with his property, so he accepted $100 in exchange for that written promise. Belinda recorded that document immediately in the Springfield county courthouse and built her dream house on the shore of Lake Blackacres where the old cabin once stood.

In 1980, Blackacres became valuable for development as vacation homes for wealthy Springfield City residents. Carlos sold his property to LaDonna who subdivided the lakeside area into nine lots [lots 210] and built singlefamily houses on them in a development called Lakeshore Villas. In 1990, as Springfield City grew, Blackacres was ideally located in the path of future suburban development. In that year, LaDonna subdivided and then sold single-family homes on lots 11-30, which she named Rancho Lakeshore. As suburban development continued, most of the residents of Rancho Lakeshore commuted to Springfield City, except the owner of lot 27 who was on the cutting edge of workplace technology and telecommuted out of his home offce.

In 1994, Springfield widened Eastern Lane to six lanes and made it part of US Interstate 985, with an exit just south of Blackacres. Commercial and business development sprung up all along the east side of I-985 across from Blackacres. The area was booming, many residents could work without having to travel into Springfield City. Indeed, the owner of lot 22 ran a small, private day-care center out of her home, and in 1997, the residents of lot 15 began a webdesign firm in their home. By 2000, the area had become a very desirable place to live and work: The owners of lots 2 and 3 planned to replace their residences and erect a hotel on their joint properties - it would be close to the interstate, yet front on Lake Blackacres.

In May 2000, Belinda has come to your law office because you are Springfield's leading expert in real property law. Belinda wants to (1) get damages if lots 2-3 eventually contain a hotel; and (2) develop her land as resort condominiums by subdividing her property, but only if all the condo residents can have assured access to Lake Blackacres without Belinda having to buy those rights from anyone else. Advise her.

You are aware that Springfield has cumulative zoning and has zoned Blackacres for commercial (including hotel/resort development). The Springfield statute of limitations for an action in ejectment or trespass is 20 years, and the statute of limitations for actions on title covenants is 10 years.

You may use only one exam booklet. Write only on the right-hand pages. Please answer each question completely, yet concisely. Good Luck.