UBE Question of the Day

Bar Exam Multiple Choice Questions

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Today's Question:

Question Of The Day

By a valid written deed, the owner of a coal mine granted his neighbor the right to remove coal from the mine at the rate of $10 per ton, payable to the owner or his heirs and assigns. There was no time limitation specified in the recorded deed. Ten years later, the price of coal increased and the owner sent his neighbor a notice terminating his right to mine the coal. If the neighbor commences an action to determine his right to continue removing the coal, who will prevail?

(A) The owner, because a license is revocable.

(B) The neighbor, because an incorporeal interest created by deed cannot be revoked by the grantor.

(C) The neighbor, because he recorded the deed.

(D) The owner, because an instrument of uncertain duration creates an estate at will.