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When Boyajian purchased her home in Yosemite Sky Park, a…

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When Boyajian purchased her home...
When Boyajian purchased her home in Yosemite Sky Park, a residential subdivision created for owners of small airplanes, the deed transferring title from San Joaquin Development Corporation to her included the following covenant: "Grantee, her successors and assigns agree to maintain ownership of a general aviation aircraft, to hangar that aircraft at the Yosemite Sky Park Airport and to make use of said Airport's maintenance and fuel supply facilities for operation of the aircraft." The realtor, acting as San Joaquin's agent, explained that such a covenant was necessary to ensure the economic viability of the subdivision airport--if a substantial number of owners of Sky Park homes did not maintain aircraft, the airport would not be able to provide services to those residents who did own aircraft, and the value of all the homes in the subdivision would decline. After four years, Boyajian sold her home to Nguyen, who did not own any aircraft. San Joaquin Development Corporation, owner and operator of Yosemite Sky Park Airport, has brought an action against Nguyen to enforce the covenant contained in the San Joaquin-Boyajian deed.
What is Nguyen's strongest argument for refusing to enforce the covenant?Question 3 options:a)The covenant requires him to purchase an item of personal property instead of restricting the use of his land.b)The covenant is an illegal restraint on alienation.c)The covenant creates a "personal" benefit to San Joaquin Development Corporation as owner of the Yosemite Sky Park Airport.d)The covenant lacks the requisite mutuality.Xact granted an easement over his front yard to Redcar Railway for the purpose of operating a cable car system which Redcar then built. Redcar used the system for twenty years, but ceased its operations a number of years ago when the system became rundown and unprofitable. Over ten years ago, Redcar removed the cables and tracks because they had become an eyesore. Three years ago, Xact planted the area with grass. The applicable statute provides for a prescriptive period of ten years. Last year Redcar received a state subsidy to reopen its system and now is planning to lay new tracks and cables over its right-of-way. Xact has brought an action to quiet his title and to restrain Redcar from building on his land. If Xact wins, it will be because:
Question 4 options:a)Redcar's removal of its cable and tracks combined with many years of non-use indicates an intent to abandon the easement.b)Redcar's plan to build the new system will unreasonably interfere with Xact's use of his fee simple.c)Redcar's easement terminated when it was no longer practical to utilize the easement for the purpose for which it was granted.d)Redcar's non-use of the easement for a period beyond the prescriptive period terminated the easement.
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The answer to Question 3 is B. In real property law, a restraint on alienation (also called a restrictive covenant) is a clause used in the conveyance of real property that seeks to prohibit the recipient from selling or otherwise transferring his interest in the property. Under the common law, such restraints are often void as they go against the public policy of allowing landowners to freely dispose of their property. For example, restraints on alienation that required that property be passed down in the same family from generation to generation, or those that required that property be passed down only to individuals of certain races, have long been held unconstitutional.

The answer to Question 4 is A. An easement can be extinguished if the easement holder abandons the easement. An easement is considered to be abandoned by the holder if the holder takes an action (other than non-use) that shows a clear intent to stop using the easement. In this case, abandonment occured when Redcar removed its cable and tracks from the property. Once an easement has been terminated by abandonment, it cannot be brought back simply by the former holder changing his or her mind.

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