Question

A man conveyed the eastern half of a tract of vacant land to a woman by a warranty deed. The woman promptly recorded the deed. The land conveyed to the woman fronted on a public highway. The land retained by the man was landlocked.

Answer 1

The person most likely to prevail is the cousin, based on necessity. Option B. This is further explained below.

What is a deed?

Generally, a deed or conduct is carried out with purpose or with deliberate attention.

In conclusion, Because of the need of the situation, the cousin has the greatest chance of coming out on top.

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Complete question

A man conveyed the eastern half of a tract of vacant land to a woman by a warranty deed. The woman promptly recorded the deed. The land conveyed to the woman fronted on a public highway. The land retained by the man was landlocked. One year later, the man died intestate, leaving a cousin as his only heir. The cousin visited the man's land for the first time and discovered that it had no access to a public highway. A neighbor who owned adjoining land fronting on the public highway offered to sell the cousin a right to cross the neighbor's land for access to the highway. Although the neighbor's price was reasonable, the cousin rejected the offer. The woman has refused to allow the cousin to cross her land for access to the public highway even though the woman's land is still vacant. The cousin has sued the woman, seeking access across the woman's land to the public highway. Who is likely to prevail?

A. The woman, because the cousin could obtain an alternative access to the highway from the neighbor.

B. The cousin, based on necessity.

C. The woman, because the man failed to reserve an easement in his deed to the woman.

D. The cousin, because the woman's