Bar Exam (US) Property: On May 2, 1992, Abigail Marcus entered into a leasehold agreement for a ...

Question

On May 2, 1992, Abigail Marcus entered into a leasehold agreement for a term of ten years with Ray Haynes, who intended to use Blue Bell Farm for the raising of cattle and hogs. Haynes immediately took possession of the farm and remained in possession as a tenant until November 1, 1999.

Shortly after entering into possession of the farm, Haynes built thereon, at his own expense, a lumber corn crib which was 15 feet wide and 20 feet long and set on loose bricks. At each corner of the corn crib, he set a wood post in the ground 15 inches deep and nailed the corn crib to the 4 corner posts. In 1995, he also built a hog house of brick and mortar on the premises. The hog house was constructed on a cement foundation which extended into the ground 24 inches. This structure was 20 feet wide by 50 feet long and was used to keep the brood sows warm during the winter months.

On October 1, 1999, The Farm Life Insurance Co. instituted foreclosure proceedings against Alvin and Abigail Marcus for default of the promissory note on Blue Bell Farm. When Haynes became aware of the foreclosure proceedings, he disengaged the corn crib from the four corner posts (which anchored it in the ground) and removed the corn crib and posts to another farm. Moreover, on October 15, 1999, Haynes dismantled the hog house, brick by brick. He loaded the bricks on his truck and hauled them away.

In an action by Abigail Marcus against Ray Haynes alleging waste for removal of certain fixtures (i.e., corn crib and hog house), which of the following is (are) correct?

I. Haynes would be liable for removal of the corn crib.

II. Haynes would be liable for removal of the hog house.

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    I only
  2. B
    Correct Answer
    II only
  3. C
    Correct Answer
    I and II
  4. D
    Correct Answer
    neither I nor II
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