Abner has just sold his house (guest house, land, etc.) and the alley located behind the property. In the deed conveying title to Abner, the property description includes the alley as part of the conveyance. Abner has used that same description in his sale contract. Abner has lived in the house for 3 years and has used the alley for access as well as advising his guests to do the same.
Daisy purchased her home from Tom (who owned the home from 1970‑77). Daisy has owned the home for three years. In the deed conveying the property to Daisy, the property description includes the house, guest house and land but does not include the alley as part of the description. Daisy has used the alley for access and has advised her guests to do so. Tom had also used the alley.
Abner's purchaser has discovered Daisy using the alley and protests. Abner also protests. Daisy maintains she has the right to use the alley since she probably owns it.
The following map illustrates the factual circumstances for the problem.

a. Can Daisy use the alley? Discuss.
b. Does Abner's purchaser have title to the property or does Daisy? Discuss.
c. Would it make any difference if Tom had not used the alley? Discuss.
d. Would it make any difference if Tom had been given permission (by Abner's grantor/seller) to use the Alley? Discuss.

Question

Abner has just sold his house (guest house, land, etc.) and the alley located behind the property. In the deed conveying title to Abner, the property description includes the alley as part of the conveyance. Abner has used that same description in his sale contract. Abner has lived in the house for 3 years and has used the alley for access as well as advising his guests to do the same.
Daisy purchased her home from Tom (who owned the home from 1970‑77). Daisy has owned the home for three years. In the deed conveying the property to Daisy, the property description includes the house, guest house and land but does not include the alley as part of the description. Daisy has used the alley for access and has advised her guests to do so. Tom had also used the alley.
Abner's purchaser has discovered Daisy using the alley and protests. Abner also protests. Daisy maintains she has the right to use the alley since she probably owns it.
The following map illustrates the factual circumstances for the problem.
  
a. Can Daisy use the alley? Discuss.
b. Does Abner's purchaser have title to the property or does Daisy? Discuss.
c. Would it make any difference if Tom had not used the alley? Discuss.
d. Would it make any difference if Tom had been given permission (by Abner's grantor/seller) to use the Alley? Discuss.

Quizplus · Accepted Answer

The Answer of Abner has just sold his house (guest house, land, etc.) and the alley located behind the property. In the deed conveying title to Abner, the property description includes the alley as part of the conveyance. Abner has used that same description in his sale contract. Abner has lived in the house for 3 years and has used the alley for access as well as advising his guests to do the same.
Daisy purchased her home from Tom (who owned the home from 1970‑77). Daisy has owned the home for three years. In the deed conveying the property to Daisy, the property description includes the house, guest house and land but does not include the alley as part of the description. Daisy has used the alley for access and has advised her guests to do so. Tom had also used the alley.
Abner's purchaser has discovered Daisy using the alley and protests. Abner also protests. Daisy maintains she has the right to use the alley since she probably owns it.
The following map illustrates the factual circumstances for the problem.
  
a. Can Daisy use the alley? Discuss.
b. Does Abner's purchaser have title to the property or does Daisy? Discuss.
c. Would it make any difference if Tom had not used the alley? Discuss.
d. Would it make any difference if Tom had been given permission (by Abner's grantor/seller) to use the Alley? Discuss.

Abner Has Just Sold His House (Guest House, Land, Etc