One afternoon, over a couple of cold beers, Charles tells Mark that he may have a right-of-way to cross his land so that Mark can get to a fishing pond. Two weeks later while he is walking across Charles' land, Mark hears Charles yelling "Get off my property you trespasser!" If Mark sues Charles to enforce his right-of-way, a court will:

a. not enforce the right-of-way because this contract was oral.

b. not enforce this contract because it was unconscionable.

c. enforce the right-of-way based on the Statute of Frauds.

d. enforce the right-of-way based on duress.

Question

Azul Abbott

Social Studies

11 September, 13:11

One afternoon, over a couple of cold beers, Charles tells Mark that he may have a right-of-way to cross his land so that Mark can get to a fishing pond. Two weeks later while he is walking across Charles' land, Mark hears Charles yelling "Get off my property you trespasser!" If Mark sues Charles to enforce his right-of-way, a court will:

a. not enforce the right-of-way because this contract was oral.

b. not enforce this contract because it was unconscionable.

c. enforce the right-of-way based on the Statute of Frauds.

d. enforce the right-of-way based on duress.

+2

Answers (1)

Know the Answer?

Alijah Hull · Answer 1

A is the right answer.

Transfer of interest to land is almost always required to be memorialized in writing under the statute of fraud. This is a requirement to prevent situations like this one where oral agreements are clearly insufficient.