the owner of the property. The seller’s interest is looked at as personal property. The legal title of the property remains with the seller and is considered to in trust and the risk is on the seller. The right of possession follows the legal title; the seller is entitled to possession until closing. Risk of Loss – there is a split of authority on risk of loss when a contract is signed‚ equity is passed to buyer through escrow and the risk of loss is on buyer. If property is destroyed before
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Cliff have 3 acres of land in question where Cliff’s fence takes up her property for dispute. Mildred has a deed executed 40 years ago and Cliff’s claims he is the adverse possessor. Mildred of Ohio organized her estate plan and had a survey done on her home; realizes that her neighbor Cliff’s picket fence is 3 feet on her property line. Mildred has a deed executed over 40 years ago showing she acquired the property on the other hand Cliff’s argument is that he is the adverse possessor
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difficulties and really needs the money he could get from selling his share of the condo. Anna‚ who still wants to continue to use the condo‚ will not give her consent on selling and cannon afford to buy him out. Mark seeks an action to partition the property‚ stating that the clause that was placed in the divorce agreement is not enforceable because it is an invalid restraint on alienation. There are two issues to address here. The first one is whether or not the agreement Mark and Anna made is an
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printed pages of Understanding Property Law by John G. Sprankling where the topic is discussed.] LexisNexis Capsule Summary Property Law PART I: INTRODUCTION Chapter 1 WHAT IS PROPERTY? § 1.01 An “Unanswerable” Question? [1-2] The term property is extraordinarily difficult to define. The ordinary person defines property as things that are owned by people. However‚ the law defines property as rights among people that concern things. § 1.02 Property and Law [2-4] [A] Legal Positivism
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Facts: Barry would like to transfer his property to his wife‚ Lucy to avoid being vulnerable to creditors. He would like his three heirs to equally inherit the property after his and his wife’s death. Issue: Can Barry convey his property to Lucy and still be assured that the children will obtain the intended interest? How should this be conveyed? What interests should he give to whom? What kind of remainder interests and tenancies should he give to the children? What type of deed is necessary
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Smith‚ a devout member of the Saints Church‚ conveys his property‚ Blackacre‚ “to Romney so long as he remains a member of the Saints Church and if not then Smith may re-enter and reclaim Blackacre.” After several years‚ Romney‚ and several other members of the Saints Church‚ become disenchanted with the Saints Church’s teachings. Romney and the disenchanted members decided to form a new church. The new church‚ The Reformed Saints Church‚ severed all ties with the original Saints Church. Although
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Physical Dimensions. RIGHTS ABOVE SURFACE →The owner’s rights in airspace should be restricted to “any such height as is necessary for the ordinary use and enjoyment of his land and the structures upon it”. If within this meaning their may be an action in trespass. – Berstein v Skyviews and General Ltd. S 2(1) of the Damage by Aircraft Act 1952 precludes action in trespass for overflying aircraft.→ An intrusion by a land based structure located on the defendant’s land constituted a trespass to the
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------------------------------------------------- ------------------------------------------------- LAWS2017 Real Property ------------------------------------------------- Comprehensive Study Notes 1. Common Law and Equitable Approached to Competing Interests The basic rules of priority: 1. Priority disputes occur when two or more people claim independent property rights that cannot co-exist. When one property right takes priority over another‚ the latter is extinguished or diminished to the extent
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Old System Title Legal Interests under Old System Title S184G CA: priority given to the earlier same as s 12 of the former Registration and Deeds Act. If the four elements are satisfied‚ namely: 1. Instrument relating to the land (excludes wills) must be effective and not void 2. Made in good faith a. There must be no fraud – Re Cooper b. It must be bona fide - Marsden v Campbell c. Notice only effective after registration‚ no notice before registration‚ but after settlement – Scholes
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of personal property that becomes annexed or affixed to real property that changes into real property with how it is being used -3 tests for distinguishing between personal and real property- BOOK -Furnace‚ hot water‚ light fixtures‚ air conditioning unit etc. are all assumed as real property when buying a house. -Tenant Fixture- owner of property gives tenant a white box and tenant brings in their own cabinets‚ bar‚ etc. Tenant retains ownership of these pieces of property with the extent
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