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Question
Fact Pattern 48-2Jay owns two adjacent buildings, leased to Kelly and Leo, respectively. A driveway between the buildings leads to a parking lot in the back. Jay sells Kelly's leased building to Kelly, under an agreement to transfer an easement in the driveway. The agreement does not use the word "permanent." Leo buys Leo's leased building, which includes title to the driveway.
Refer to Fact Pattern 48-2. Suppose that the agreement between Jay and Kelly does not expressly bind Jay's "heirs and assigns," Jay says nothing to Leo about the easement, and Leo's deed does not mention it. Under those circumstances, as the court held in Case 1, Webster v. Ragona, Kelly has in the driveway
a. an easement appurtenant.
b. no easement, because Jay and Kelly's agreement did not bind Jay's successors.
c. no easement, because Jay said nothing to Leo about the easement.
d. no easement, because Leo's deed did not mention it.
Answer
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