Abdul owned Blackacre, a 40-acre tract of land in an agricultural area, adjacent to Whiteacre which is
Question:
Abdul owned Blackacre, a 40-acre tract of land in an agricultural area, adjacent to Whiteacre which is owned by his good friend Nguyen. For many years, Abdul has allowed Nguyen to cross Blackacre with his cattle and farm equipment to reach another field Nguyen owns on the other side of Blackacre called Greenacre. Abdul is now getting ready to sell Blackacre to Betsy and wants to be sure that Nguyen will be able to continue to use the right of way. Which of the following would be theworstway for Abdul to accomplish this?
(A) Abdul could draft and execute an express easement to Nguyen and record it, and then deed the property to Betsy "subject to all encumbrances of record."
(B) Abdul could deed Blackacre to Betsy "subject to an easement in favor of Nguyen for ingress and egress."
(C) Abdul could deed Blackacre to Betsy "reserving to grantor an easement of ingress and egress between Whiteacre and Greenacre." Abdul could then deed this easement to Nguyen.
(D) Abdul could tell Betsy he will sell to her only if she comes to some agreement with Nguyen regarding access and make it a condition of closing. Then at closing, Abdul would deed fee simple title to Betsy and Betsy then would deed an easement to Nguyen.