Question

  

When Boyajian purchased her home in Yosemite Sky Park, a residential subdivision created for owners of small airplanes, the deed transferring title from San Joaquin Development Corporation to her included the following covenant: "Grantee, her successors and assigns agree to maintain ownership of a general aviation aircraft, to hangar that aircraft at the Yosemite Sky Park Airport and to make use of said Airport's maintenance and fuel supply facilities for operation of the aircraft." The realtor, acting as San Joaquin's agent, explained that such a covenant was necessary to ensure the economic viability of the subdivision airport--if a substantial number of owners of Sky Park homes did not maintain aircraft, the airport would not be able to provide services to those residents who did own aircraft, and the value of all the homes in the subdivision would decline. After four years, Boyajian sold her home to Nguyen, who did not own any aircraft. San Joaquin Development Corporation, owner and operator of Yosemite Sky Park Airport, has brought an action against Nguyen to enforce the covenant contained in the San Joaquin-Boyajian deed.

What is Nguyen's strongest argument for refusing to enforce the covenant?Question 3 options:a)The covenant requires him to purchase an item of personal property instead of restricting the use of his land.b)The covenant is an illegal restraint on alienation.c)The covenant creates a "personal" benefit to San Joaquin Development Corporation as owner of the Yosemite Sky Park Airport.d)The covenant lacks the requisite mutuality.Xact granted an easement over his front yard to Redcar Railway for the purpose of operating a cable car system which Redcar then built. Redcar used the system for twenty years, but ceased its operations a number of years ago when the system became rundown and unprofitable. Over ten years ago, Redcar removed the cables and tracks because they had become an eyesore. Three years ago, Xact planted the area with grass. The applicable statute provides for a prescriptive period of ten years. Last year Redcar received a state subsidy to reopen its system and now is planning to lay new tracks and cables over its right-of-way. Xact has brought an action to quiet his title and to restrain Redcar from building on his land. If Xact wins, it will be because:

Question 4 options:a)Redcar's removal of its cable and tracks combined with many years of non-use indicates an intent to abandon the easement.b)Redcar's plan to build the new system will unreasonably interfere with Xact's use of his fee simple.c)Redcar's easement terminated when it was no longer practical to utilize the easement for the purpose for which it was granted.d)Redcar's non-use of the easement for a period beyond the prescriptive period terminated the easement.