Question

1. Victor E. Lapp owns a lot fronted by another lot. Through the front lot, there is a lane leading to a public road. Victor pays the lot owner for access from his lot to the public road.   Which of the following is true?

1. Victor’s lot is the dominant estate and the front lot is the servient estate.
2. Victor has acquired a profit in gross.
3. Victor has acquired a license to drive through the other lot.

2. Mollie and Miranda enter into a contract by which Miranda will purchase Mollie’s vacant land in St. Petersburg for $100,000 in order to build a house. Miranda makes a $20,000 down payment to Mollie who is aware of Miranda’s plans to build. After building has commenced, Mollie refuses to sign the contract and does not transfer the property to Miranda. Miranda sues. What is the likely outcome?

1. Mollie will lose for some other reason.
2. Mollie will win because of the Florida Homestead Act.
3. Mollie will win because she had not yet signed the contract.

Answer 1

Answer) 1) C is the answer. By paying the lot owner, Victor has acquired a license to drive through the other lot. First option is not the answer , as in the question their is no reference of a dominant estate or servant estate. The second option is not the answer because Victor doesn't get any profit out of this.

Answer-2) A is the answer. Mollie will lose for some other reason and that reason is even if the contract was not signed by Mollie then also the contact is valid based on intention. It means that as Miranda made down payment to Mollie and started Building the house , it means that there was some intention for both the parties to enter into a contract and hence without signature also, it is enforceable.

THANK YOU.