Real Property and Landlord-Tenant Law


Vern Shoepke purchased a two-story home from Walter and Eliza Bruster in the town of Roche, Maine. The warranty
deed did not specify what covenants would be included in the conveyance. The property was adjacent to a public park
that included a popular Frisbee golf course. (Frisbee golf is a sport similar to golf but using Frisbees.) Wayakichi Creek
ran along the north end of the park and along Shoepke’s property. The deed allowed Roche citizens the right to walk
across a five-foot-wide section of the lot beside Wayakichi Creek as part of a two-mile public trail system. Teenagers
regularly threw Frisbee golf discs from the walking path behind Shoepke’s property over his yard to the adjacent park.
Shoepke habitually shouted and cursed at the teenagers, demanding that they not throw objects over his yard. Using
the information presented in the chapter, answer the following questions.

1. What is the term for the right of Roche citizens to walk across Shoepke’s land on the trail?

2. What covenants would most courts infer were included in the warranty deed that was used in the property transfer
from the Brusters to Shoepke?

3. Suppose that Shoepke wants to file a trespass lawsuit against some teenagers who continually throw Frisbees over
his land. Shoepke discovers, however, that when the city put in the Frisbee golf course, the neighborhood home
owners signed an agreement that limited their right to complain about errant Frisbees. What is this type of promise
or agreement called in real property law?