Practice Quiz

Florida Real Estate Exam

Category - Florida

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Baker sold 640 acres of land to Garcia by agreement and deed which provided, “Seller retains rights to all minerals and materials of the earth under this land.”  Shortly thereafter, while Garcia was preparing his land for cultivation, Baker appeared with oil drilling equipment.  Garcia refused to allow him on the land.  Baker sued Garcia.  Based on the foregoing information, the judge’s decision should be:

  1. Baker has the right to enter on Garcia’s land to drill for oil
  2. Baker has no right of entry on Garcia’s land because the agreement and deed did not provide therefore
  3. Baker may drill below Garcia’s land but must do so from outside its boundaries
  4. Baker may enter Garcia’s land only below 500 feet under the surface
Explanation
Answer A - Baker has an implied grant of an easement.

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