Business Law Temco, Inc., conveyed to the Wynns certain property adjoining an ap
ID: 2748204 • Letter: B
Question
Business Law
Temco, Inc., conveyed to the Wynns certain property adjoining an apartment complex being developed by Sonnett Realty Company. Although nothing to this effect was contained in the deed, the sales contract gave the purchaser of the property use of the apartment’s swimming pool. Temco’s sales agent also emphasized that use of the pool would be a desirable feature in the event that the Wynns decided to sell the property. Seven years later, the Bunns contracted to buy the property from the Wynns through the latter’s agent, Sonnett Realty.,Although both the Wynns and Sonnett Realty’s agent told the Bunns that the use of the apartment’s pool went with the purchased property, neither the contract nor the deed subsequently conveyed to the Bunns so provided. When the Bunns requested pool access passes from Temco and Offutt, the company that owned the apartments, their request was refused. Discuss whether the Bunns have a right to use the apartment’s pool.
Explanation / Answer
As the deed from Temco to the Wynns did not convey the use of swimming pool, also the sales contract between the parties was not sufficient enough to create an express easement. Wynns and their family were only given a license to use the swimming pool. This was not an interest running with the said property that could subsequently be transferred by them. Therefore the bunns did not have a legal right to use the apartment's pool in absence of express passes.
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