Question

An investor owned an office building and an apartment building, which were connected to each other. There was no access to the second floor of the apartment building other than a common stairway located entirely within the office building. The investor conveyed the apartment building to a landlord. The landlord, her tenants, and their guests continued to use the common stairway. Subsequently, the investor conveyed the office building to an accounting firm. There was no mention of the stairway in the accounting firm's deed. Both the landlord's deed and the accounting firm's deed were properly recorded. A few years later, the stairway had become dilapidated. The landlord was concerned about the stairway's condition of disrepair, which she felt reduced the value of the apartment building and posed a risk of injury to her tenants and their guests using the stairs. The landlord approached the accounting firm about repairing the stairs, and even offered to pay for half the cost. The firm refused. After getting an estimate from a reputable construction company, the landlord told the accounting firm she was willing to pay the entire cost of fixing the stairs. The firm again refused.
If the landlord files suit against the accounting firm, can she compel it to allow her to repair the stairs?


A Yes, because the landlord has an easement, which implies the power to repair.
B Yes, because the landlord may protect herself from the possibility of tort suits from her tenants and their guests.
C No, because the landlord's interest in the stairs is only for the reasonable lifetime of the structure.
D No, because the landlord has no right to enter the firm's property.

Answer 1

Answer:

A

Explanation: