Question

One afternoon, over a couple of cold beers, Charles tells Mark that he may have a right-of-way to cross his land so that Mark can get to a fishing pond. Two weeks later while he is walking across Charles' land, Mark hears Charles yelling "Get off my property you trespasser!" If Mark sues Charles to enforce his right-of-way, a court will:

a. not enforce the right-of-way because this contract was oral.
b. not enforce this contract because it was unconscionable.
c. enforce the right-of-way based on the Statute of Frauds.
d. enforce the right-of-way based on duress.

Answer 1

A is the right answer.

Transfer of interest to land is almost always required to be memorialized in writing under the statute of fraud. This is a requirement to prevent situations like this one where oral agreements are clearly insufficient.