Mountain Property Case Study

Mountain Property As Martin’s friend and attorney, I would advise him that he is the sole owner of mountain property. Since the property was purchased as a joint tenancy with a right of survivorship, Martin is now the only living tenant. Right of survivorship automatically divides the interest of the deceased tenant equally among the remaining tenants, until there is only one. Peter evidently misunderstand the right of survivorship when he indicated in his will that his share was to be transferred to his son Andrew. According to the text, under joint tenancy, all are co-owners of equal shares and may sell their shares without the consent of other owners. Their interest can be attached by creditors ( , p. 354). Since …show more content…
Under North Carolina Adverse Possession Laws, if the occupant has resided on the property uncontested for a period exceeding twenty years he may be granted the title. In addition, it has been over 20 years since Martin had checked on the property. The justification for adverse possession in North Carolina is that it gives title to the person who gives a beneficial use to the land. Otis has been utilizing the land openly and publicly, this can be quantified by him building a residence on the property, thus giving him statutory period for adverse possession. If Martin had checked on the property over the years, he would have noticed Otis was trespassing and could have contacted the authorities to remove him if he …show more content…
In order for eminent domain to be upheld, the property must be used for the good of the public, and not for transfer to another private party. In Kelo v. New London, Justice Stevens states “On the one hand, it has long been accepted that the sovereign may not take the property of A for the sole purpose of transferring it to another private party B, even though A is paid just compensation.”(p. 361 ). Since the Tar Heel Family Resort is most likely a private venture, it clearly is not intended for public use. Public use would include parks, public transportation, museums, etc. Although the resort will be bringing additional jobs and tax revenue to the city, Martin’s house could only be seized by the city in this scenario if the house was beyond repair. In Berman v. Parker (1954), the court allowed the District of Columbia to establish eminent domain over personal housing that was beyond repair to construct public use facilities with the remainder of the land to be sold to private parties in order to generate low-cost housing. I would advise Martin that the city has no right to condemnation of his property under law and the court system would rule in favor of his appeal, just as it has in the