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Social Studies, 23.07.2019 04:20 treaustin656

Avintner divided his vineyard into two parcels, drawing the boundaries so that the single well that had irrigated the entire vineyard fell on the border of the two properties. the vintner then conveyed the eastern parcel to his friend by a deed that contained the following covenant: if the well located on the boundary of the eastern and western parcels continues to be used for irrigation purposes and becomes in need of repair or replacement, the grantee, his heirs, and assigns and the grantor, his heirs, and assigns each promise to pay one-half of the cost of such repair or replacement. this covenant shall run with the land. the deed from the vintner to the friend was not recorded, and the vintner did not record a copy of the deed with the records for the western parcel. the friend later sold the eastern parcel to a farmer. the farmer's deed did not contain the covenant about the well. after 15 years of use by the owners of both the eastern and western parcels, the well began to fail. the farmer took it upon himself to have the well repaired at a cost of $30,000. about two weeks later, the farmer discovered the deed from the vintner to the friend in some old files. by this time, the western parcel had passed to the vintner's son by inheritance and again to the son's daughter by inheritance from the now-deceased son. the daughter knew nothing of the covenant concerning the well. the farmer presented the daughter with the bill for the well repair with a copy of the vintner/friend deed and a note that said he expected to be reimbursed for $15,000. the daughter refuses to pay, and the farmer sues. the jurisdiction has a 10-year statute of limitations for acquiring property by adverse possession, and the following recording statute: "any conveyance of an interest in land shall not be valid against any subsequent purchaser for value, without notice thereof, unless the conveyance is recorded."for whom is the court most likely to rule? a the daughter, because the deed from the vintner to the friend was never recorded. b the daughter, because the farmer has acquired the well by adverse possession. c the farmer, because the covenant runs with the land. d the farmer, because he is a bona fide purchaser.

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