an access road? Real estate developer Ronald Jacks and Mayor Quimby are golfing buddies. Quimby mentions they need land to build a school on. Ronald offers to give him a large plot of land, free of charge, on the condition that
a.) The town builds a road to the town that runs through other land owned by Ronald.
b.) The town runs city water, sewer, and utilities along that road.
They shake hands on the agreement. Ronald agrees to this because he knows the value of the land along the road will be increased by the proximity to the school. Also, town sewer service means homes built along the road will not require a septic tank. Septic tanks cost a lot of money, and local regulations place strict limits on how close together houses that depend on septic tanks can be. Town sewer service would allow Ronald to build more houses on the land, amd save a few thousand on each house.
The next day, they draw up papers and Ronald sells the land to the town for the sum of $1.00. The town builds the school, but doesn't put in town sewer service.
Ronald says "I never gae you the land the school was built on, but I never gave you the land the road was built on. He puts up a barbed wire fence and a "no trespassing" sign blocking the road. He also takes to siting on it with his shotgun.
The formal sales contract and deed say nothing of the deal regarding the town sewer service or road. Ronald never formally deeded the land the road was built on to the town. The land the school was built on is completely surrounded by land owned by Ronald. Ronald has a valid gun permit. Quimby admitted in a TV interview that all of the above is true.
1.) What can the town do about this situation?
2.) How much does a septic tank cost?
3.) What kind of damages should be awarded, and to whom?
Stuart, the above is based on real events. The town did in fact build the school without owning the land used for entrance/egress. Do not assume that the fact something is foolish means people won't do it.
When I heard about it, I did agree with you that the problem should be fairly easy to fix. I'm asking the question becauseit sounded so much like a law school exam question.