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Real Property Essay Question In 1994, Grant subdivided a tract of land into two parcels, A and B. He then sold Parcel B to Nell,
Real Property Essay Question In 1994, Grant subdivided a tract of land into two parcels, A and B. He then sold Parcel B to Nell, and thereafter, Parcel A to Owen. Owen constructed a house on Parcel A, close to the boundary with Parcel B. In March 1995, Owen leased Parcel A to Tim under a ten-year lease. The lease provided for an annual rent payable in monthly installments. Since 1994, first Grant and then Owen allowed Nell access to Parcel B by use of a road through Parcel A. In January 1999, Nell notified Owen of her intent to construct a building on Parcel B near the common boundary. Nell's contractor excavated for a deep basement for the new building. In March 1999, that portion of Parcel A land under Owen's house subsided, causing material damage to the house. Owen refused to repair the damage, insisting that Nell or her contractor should do so. Tim moved out and refused to make further monthly payments of rent during the balance of the lease. Owen then refused to allow Nell further access over Parcel A. 1. What are Owen's rights against Tim for the remaining monthly rent payments? Discuss. 2. What are Owen's rights against Nell for damage to the house? Discuss. 3. Does Nell have a right to continued use of the road through Parcel A? Discuss
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