[Property Claims] Rayyan sells his home to Kayla and her mother, Bridget. The deed and documents of ownership held by Kayla and Bridget are written such that Kayla and Bridget may each sell or devise her interest in the property. Rayyan provides Kayla and Bridget with a general warranty deed. The deed and other documents of sale contain an easement giving Diego a right to cut across the property in order to obtain access to an adjoining lake. Diego had purchased the easement from Rayyan a few years earlier. After Kayla and Bridget moved in, they saw Diego cutting through the yard with his fishing pole. They told him to get out. He told them about the easement, but Kayla told him that she was the new owner and that she was not accepting it. The next week Ann, the next door neighbor, came over to visit and told Kayla and Bridget that she actually owned a good bit of the yard that was conveyed to Kayla in her deed from Rayyan and that she would like to sell it to Bridget and Kayla. Ann explained that some years prior to Rayyan's ownership, she had purchased the property from a previous owner. It turns out that Ann had actually recorded her interest, but it had been inadvertently missed when the property was sold to Kayla and Bridget. Kayla calls Rayyan and tells him to straighten out the problem with Ann. Rayyan tells her that he is finished with the property and that all problems now belong to her and Bridget.
-Who will likely win the dispute regarding whether Diego holds a valid easement?
A) Diego will likely win only if he told Kayla and Bridget about the easement before their purchase.
B) Diego will likely win regardless of whether he told Kayla and Bridget about the easement before their purchase.
C) Diego will likely win only if he can establish that he paid a fair price for the easement.
D) Diego will likely win only if he told Kayla and Bridget about the easement before their purchase, and if he can establish that he paid a fair price for the easement.
E) Bridget and Kayla will likely win because easements are terminated when property is sold.
Correct Answer:
Verified
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