Bar Exam (US) Property: Scenicacre is a 20-acre tract of open meadowland with numerous streams r...

Question

Scenicacre is a 20-acre tract of open meadowland with numerous streams running through. In 1965 Ohner had good record title to Scenicacre in fee simple absolute. In 1966 Ohner delivered to Son, with intent to make a gift of Scenicacre to Son, a deed signed by Ohner, naming Son and his heirs grantee and appearing valid on its face. Son neglected to record the deed.

In 1970, Buyer, aware of the existence of the Ohner-to-Son deed, sought out Ohner and asked to buy for $10,000 a deed of Scenicacre from Ohner to Buyer and his heirs. Ohner executed such a deed and Buyer promptly recorded it. Buyer's intent was to acquire color of title and obtain ownership of Scenicacre by adverse possession. In 1970, Buyer constructed a fence around Scenicacre.

In 1971, Son presented his deed of Scenicacre to Purchaser and, for $15,000 paid by Purchaser, signed and delivered a deed of Scenicacre in favor of Purchaser and his heirs. After receiving the deed, Purchaser made no effort to search the title, to examine the property, or to record the deed.

In 1975, Vendee paid Buyer $20,000 and Buyer delivered to Vendee a deed of Scenicacre in favor of Vendee and his heirs. Vendee had examined the property, had searched the title, and had no knowledge of Buyer's awareness of the prior Ohner-to-Son instrument. Although Vendee did not reside on the property, he regularly visited Scenicacre twice a week. Vendee recorded his deed.

In 1979 for $25,000 paid by Oscar, Purchaser signed and delivered a deed of Scenicacre naming Oscar and his heirs as grantees. Oscar obtained from Purchaser the Son-to-Purchaser deed, and from Son the Ohner-to-Son deed and took all three documents to the Recorder's Office to be recorded. At Oscar's request, all three instruments were recorded in the following order: (1) Ohner-to-Son; (2) Sonto- Purchaser; (3) Purchaser-to-Oscar.

Before Oscar had paid Purchaser and taken his deed, Oscar visited Scenicacre and observed the fence. However, Vendee was not present when Oscar visited the property and nothing suggested who, if anyone, was using it. In any case, Oscar did not attempt to search the title before making his purchase. NOTE: This jurisdiction uses Grantor-Grantee Indices and has no Tract Index.

Assume for the purposes of this question only, that , when Vendee purchased Scenicacre from Buyer in 1975, he was aware of the Ohner-to-Son instrument. In 1980, in an action to quiet title to Scenicacre, which of the following parties would have priority of title?

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

  1. A
    Correct Answer
    Oscar
  2. B
    Correct Answer
    Buyer
  3. C
    Correct Answer
    Vendee
  4. D
    Correct Answer
    Purchaser
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