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Builder sold a shopping mall to Owner. The recorded deed from Builder to Owner conveyed the mall and parking lot where the parking spaces were numbered 1 to 100. The deed reserved to Builder the exclusive right to use parking spaces 15 through 20 as a place to set up a stand to sell sports memorabilia and sandwiches on Sundays. The shopping mall was located adjacent to an existing residential neighborhood. Sponsor Spotlight VIVIAN DEMPSEY’S THE WRITING EDGE Why don’t repeaters “get it” and pass the next time? Because it’s impossible to know what’s right about the Bar’s published answers. I’ve been a bar grader; I know how they think and what they want. I teach you focused law, how to analyze and the fastest, clearest way to write essays and PT’s. I grade 6 exams every week and answer all questions 12 hours/day. Live classes. 800 949 PASS/ writingedge

Owner entered into a written 30-year lease with Lois leasing to her a store in the mall and parking spaces 1 through 20. Under the lease, Lois agreed to pay rent monthly and not to assign the lease without Owner’s prior written approval. After occupying the leased premises for five years, Lois subleased the store and parking spaces to Fast Food for a term of ten years without first having obtained Owner’s written approval. Fast Food occupied the premises and paid rent to Owner. Fast Food, which operated a take-out restaurant on the premises seven days a week, used state-of-the-art equipment and operated in compliance with all local health ordinances. Notwithstanding this, on warm days when Fast Food was particularly busy, unpleasant cooking odors were emitted from Fast Food’s kitchen. The unpleasant odors caused discomfort to many of the homeowners living in the adjacent neighborhood. On the first Sunday after Fast Food opened its take-out restaurant, Builder set up his memorabilia and sandwich stand in parking spaces 15 through 20. Fast Food, not aware of the provision in the deed, complained to Builder about the competition of Builder’s sandwich sales and the occupancy of parking spaces allocated to Fast Food. Builder ignored Fast Food’s complaints. Fast Food then informed Owner that it would cease paying rent until Owner took steps to prevent Builder from using the parking spaces. Owner explained to Fast Food that there was nothing he could do about it, but Fast Food insisted that it would not pay further rent until Owner stopped Builder from setting up his stand. Thereupon, Owner hired a locksmith, who changed the locks on the space occupied by Fast Food, thus denying Fast Food access to the premises. 1. Did Lois violate the “no-assignment” provision in her lease with Owner? Discuss. 2. If Fast Food brings an action in trespass against Builder for his use of parking spaces 15 through 20, is Fast Food likely to prevail? Discuss. 3. Did Owner have the right to change the locks on Fast Food’s premises? Discuss. 4. Can the homeowners establish a claim for nuisance against Fast Food? Discuss. Check out the Answer

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