Details for ch44_law_9

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1. Marvin conveys his estate, Wildwood, to his good friend, Larry, a good faith purchaser, on Monday. Larry records the deed on Tuesday. On Friday Marvin executes a deed conveying the identical property, Wildwood, to Paula who knows nothing of the prior conveyance to Larry. Who owns Wildwood? What are the purposes of recording statutes and how do they work?

2. Sandra and Joe own a hobby farm as tenants in common. They also own a vacation home as joint tenants. What is the difference between the tenancy in common and joint tenancy?

3. The Rameys are selling their home. They did not set forth in the sales agreement whether the washer and dryer, the draperies, and a cherry corner cabinet which was in the dining room were to be included in the sale or whether they were planning to take these items with them. The buyers are claiming these items are fixtures and should stay with the house. The Rameys are claiming they are movable goods and they should not be part of the real estate which was sold. Define “fixtures,” identify the tests used to determine whether an item is a fixture, and explain whether you think each of the contested items is a fixture and why or why not.

4. This case problem involves a dispute between next-door neighbors. Ben and Mary Ann Blanks and Gary Rawson each bought vacant lots and constructed homes in a subdivision on Lake Murray in South Carolina.

The Blanks purchased the lot to the right of Rawson. As both homes were being built, the Blanks expressed objections personally and through their lawyer about Rawson's dog pen and a basketball goal as being too close to the Blanks' property line. Thereafter, Rawson constructed a ten-foot privacy fence. The fence shields the basketball goal and dog pen from the Blanks. Shortly after the homes were completed, the Blanks sued Rawson claiming that the dog pen, the basketball goal, and fence, which blocked their view of the lake, were nuisances. They claimed the dog barked and the dog pen was not properly maintained, thereby creating a foul odor.

They also complained that one time Rawson's son played loud music and that on one occasion his basketball came into their yard. What is a nuisance? You are the judge, would you rule in favor of the Blanks declaring that the dog pen, basketball goal, loud music, and the fence are nuisances?

5. Lauren and Hayden own residential houses side by side. Between the houses, is one driveway which provides mutual access to both back yards. Lauren actually owns the property where the driveway sits. However, Hayden has the right to use the driveway to access his back yard. What type of easement does this situation describe, an easement appurtenant or an easement in gross? What are the differences between the two types of easements?

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Created On: 09/28/2012 15:23
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Last updated on: 09/28/2012 15:24


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