Question
Oscar owned Blackacre, a 75-acre parcel of farmland.In 2014, Oscar and Fred entered into a written agreement whereby Oscar leased Blackacre to Fred for a
Oscar owned Blackacre, a 75-acre parcel of farmland.In 2014, Oscar and Fred entered into a written agreement whereby Oscar leased Blackacre to Fred for a term of thirty years in exchange for rent payments of $20,000 per year. Each year, Fred planted and harvested crops on Blackacre. Fred did not reside on the land.
In 2017, Oscar and Fred amended the lease to give Fred or his heirs the option to purchase Blackacre for $250,000 at any time during the term of the lease. The amendment was in writing and signed by Oscar and Fred. Neither the lease nor the amendment was recorded.
In 2019, Oscar executed a full warranty deed conveying Blackacre to Boris, who paid Oscar $300,000. Before purchasing Blackacre, Boris searched the property records of the county and determined that record title to Blackacre was in Oscar. Also prior to the purchase, Boris inquired of Oscar as to Fred's interest in Blackacre. Oscar gave Boris a copy of the lease, but Oscar did not tell Boris about the amendment and Boris was unaware of Fred's option when Boris purchased Blackacre.
In 2020, Fred gave Boris proper notice of the exercise of the option to purchase Blackacre and tendered to Boris the specified purchase price of $250,000. Boris refused to convey Blackacre to Fred.
Discuss in detail the following issues:
1. If Fred brings suit against Boris, will Fred be successful in enforcing the option? What arguments will each make? Discuss fully.
2. In an action by Boris against Oscar, what claims are available to Boris? Will Boris be successful? Discuss fully.
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