Property Law Name: Institution: PROPERTY LAW Introduction Barney seems to be faced with several situations in which he has hired a lawyer to represent and advise him on ways of handling, not only from a legal perspective, but also from a spiritual perspective…
The individuals share equal ownership and have the same and undivided right to dispose or keep the property. It also creates the Right of Survivorship that provides that if one tenant passes away, the rest of the property goes to those who survive them (Hinkel, 2012). According to joint tenancy, Andy and Barney owned the same interest in the whole property with an equal share and the estate was vested for the period of their lifetime. In addition, both Andy and Barney enjoyed similar rights until one passed away. Under the right of survivorship, when Andy died, the remainder of the entire property was automatically transferred to Barney. However, there could be a catch since it is not clear whether Barney had recorded an affidavit as to the death of Andy. It is true that, upon the death of Andy, Barney had the right of survivorship that ensured Barney got the title to the entire property. The procedure is that, in Andy’s death, the title was to be transferred to Barney after the recording of this affidavit, which describes the dead tenant and property, as well as an attached death certificate (Hinkel, 2012). I do agree with the advice, as long as the Barney had recorded the affidavit of death of Andy, who was the joint tenant. Adverse Possession In this case, I concur with the advice given. In adverse possession, a person can gain legal title through open, actual, continuous, and hostile possession of land to the owner’s exclusion (Jourdan & Radley-Gardney, 2010). In the case, such as this, where the possession is open and notorious, Ernst possessed the property openly in the middle of the property where the neighbors could see and act as all true owners of the land would. While occupying Barney’s land, Ernst did not do so secretly such as to have denied him any legal rights to the land. Ernst has actually improved the land by building a cabin and fencing it, which was demonstrative of open and notorious possession. Essentially, building his cabin there without any resistance is the most notorious and open possession. While it is true that Barney did not have knowledge of Ernst’s adverse use of his land, Ernst’s possession is so notorious and open that it is impossible the neighbors around the property have no idea of his living there (Jourdan & Radley-Gardney, 2010). It is not also possible to expect Ernst to give the land back even after he had been put on notice that the land will be reclaimed as shown by his behavior when Barney tried to access the property, which indicates that Ernst intends to keep possession. I agree that they should overlook the law of adverse possession. Bailment and Conversion I agree that Barney cannot be found liable for any charges requested for by the seller at the classic car show. Bailment involves the temporary placing by a bailor of control of personal property to the hands of a bailee for a particular purpose on which the two have agreed (Ashcroft & Ashcroft, 2011). In this case, Barney was the bailer while the valet was the bailee. Bailment is a contractual relationship because the two, either impliedly or expressly bind to act to specific terms. In this case, the valet only received control of the car while Barney retains an ownership interest. While the valet’s interest in the car, during the bailment period, was superior to that of Barney, he violated the agreement by exchanging Barney’s car and breaking their agreement. Once Barney was done with ...
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(“Property law Case Study Example | Topics and Well Written Essays - 750 words - 5”, n.d.)
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(Property Law Case Study Example | Topics and Well Written Essays - 750 Words - 5)
“Property Law Case Study Example | Topics and Well Written Essays - 750 Words - 5”, n.d. https://studentshare.net/law/94819-property-law.
Leo, Sharon, Ben and Sonya bought a house on equal shares and it needed repairs. 2. Sharon and Sonya repaired the roof while Leo cleaned the gutters and in the procedure he cut his fingers. 3. From the wound, Leo developed a dangerous disease, which resulted to fever and he was sure that he was going to die.
Under this provision of the law, an individual who has possessed the property of another for a reasonable period of time can be rewarded with the ownership of such property, subject to the fulfillment of certain conditions. Therefore, the failure of a landowner to defend his ownership of the property for a certain period of time would see him dispossessed of the ownership of the land.
Defaulting of Loan and foreclosure of Property After notifying his son that he had an inheritance in the piece of property, Andy’s son had some legal rights to use the piece of land for any property owning benefits that would bring value. But it is worth emphasizing that in joint tenancy with right of survivorship, after the death of Andy, who was a partner, the ownership of the property revised to the existing owners alive and not to the heir as spelt out in the will.
Sole Proprietorship It is not entirely correct that sole proprietorship is such a bad idea for Betty, especially since it is easy to start and will allow Betty to maintain full control over the business, which is ideal for a business that wants to retain a Christian foundation.
The process of starting a business may needs the exploration of different possible options with the aim of coming up with a better option that suites the business idea. The business options According to studies, franchising gives a businessperson the advantage of starting a business by relying on already existing business model.
Dr. Golde who treated Moore at the UCLA recommended a line of treatment that included an operation to remove Moore's spleen. A consent regarding that was obtained from Moore and a through a operation Moore's spleen was removed in the same year. After the operation Moore under the treatment of the Chief Physician Dr.
With the facts of the case given in the above cited case of Amy and Brian with regard to their purchased house in the name of Brian, hereto are the grounds for the claim of Amy in the aforesaid property to wit:
Based on the decided case Lloyds Bank plc v Rosset1 of the House of Lords which re-affirmed the essential elements of the establishment of a constructive trust it stated that, "(1) That the parties must share a common intention to share the ownership of the land concerned which may be either expressed or implied from the conduct of the parties; (2) That the party claiming beneficial intention by way of a constructive trust must show proof that she significantly altered her position
Ms Oxley and Mr Hiscock cohabited a property that was owned by Ms Oxley purchased by her under right to buy legislation. This property was financed entirely by Mr Hiscock but was later sold and the sale proceeds were used to purchase another property in which Mr Hiscock and Ms Oxley lived1.
One illustration of this type of legal dispute is a Residents Association's opposition to a local planning authority's decision to grant planning permission to a property developer for residential development. To begin to understand the complexities of the legal realm in terms of property law, it is useful to investigate what might happen in this hypothetical situation.
Au contraire, the degree of physical annexation has always taken precedence in conventional jurisprudence in this area of law.
It is commonly assumed that chattels affixed to land belong to the person fixing them. This is the underlying assumption of the assertion in the Grays' statement.
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