UBE Question of the Day

Bar Exam Multiple Choice Questions

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Today's Question:

Question Of The Day

A seller owned two adjacent one-acre lots, each of which was improved by a multi-story building. A stairway located inside the building on lot 1, was the only stairway serving the upper floors of both buildings. The seller conveyed lot 2 to her friend by a quitclaim deed, which did not mention the stairway. Thereafter, the seller sold lot 1 to her brother. Since the brother never used the upper floors of his building, the stairway fell into disrepair. As a result, the friend demanded the right to repair and use the stairway. The brother refused, and the friend commenced an action to enforce her demand. Who will prevail?

(A) The brother, because the deed from the seller to the friend did not grant the friend an easement to use the stairway.

(B) The brother, because an easement cannot be created by a quitclaim deed.

(C) The friend, because she has an implied right to use the stairway and keep it in repair.

(D) The friend, because she has prescriptive rights to use the stairway and keep it in repair