We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Nobody downloaded yet

Property law - Case Study Example

Comments (0)
Summary
Name: Course: Date: Property law The first case regarding the use of the jointly owned property between by Barney, Floyd, and Howard, pertaining to the issue of settlement by Ernest on a property, has its legal basis be drawn under the legal concept of Adverse possession, which provides for the alternative ownership of property by a disseisor (not the real property owner), without compensation (Martin, 77)…
Download full paper
GRAB THE BEST PAPER

Extract of sample
Property law

Download file to see previous pages... Thus, so long as the disseisor physically possess the land, and gained entry into the land without the permission of the owner, and has been using the land appropriately according to its resources and location, and also fulfilling the statutory duties regarding the property such as paying taxes, rates and rent for a reasonable period of time, then the disseisor has the right to the ownership of the property, without compensation to the rightful owner (Martin, 102). In this case, as the legal attorney, I would advise Barney to give up claims on the property as a legal advice, since the 2o years settled by Ernest on the land, and the consequent use and development allows him the right of ownership, under the concept of adverse possession, and tell him that God will reward him otherwise, as a spiritual advice, since his action would amount to helping others, which is a fundamental spiritual principle. The second issue regarding the move by the authorities to take over the beach house owned by Barney for the sake of developing the property as the “Future home of the Nickelodeon Family Resort”, can be pitched on the legal concept of Eminent Domain. ...
y the authorities can then be developed for public utilities or economic generation projects, as long as the projects are undertaken to meet the public interest such as employment, providing basic services or availing a rare service to the region where the property is being has been taken over. Under the concept of Eminent Domain, the law provides that the rightful owner of the property that has been taken over by the state or other government agencies should be granted a just value compensation (Paul, 47). The law interprets just value to mean the prevailing fair market value. Therefore, considering the fact that the property owned by Barney is being taken over by the relevant government authorities in the best interest of the public, such as to create employment opportunities, then, the course is justifiable, under the legal concept of Eminent Domain. Therefore, as the attorney advising Barney on legal matters, I would recommend that he receives the due compensation being offered as per the fair market value. Additionally, on the spiritual perspective, it would also be in line with the spiritual principle of sharing what an individual has with others, since the property will be applied in a way that would benefit many through service provision and employment creation. Therefore, it would be spiritually correct for Barney to allow the take-over of the property. On the third issue where Barney’s vehicle was stolen by Carl and then sold to a car dealer, the circumstances can be drawn from the legal concept of Good Faith Purchasers for Value. This concept defines a Good Faith Purchaser for Value, as an individual or party that purchases a property from another party, and gives value in exchange of that asset, without the due knowledge of adverse claims to that asset ...Download file to see next pagesRead More
Comments (0)
Click to create a comment
CHECK THESE SAMPLES - THEY ALSO FIT YOUR TOPIC
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.
5 Pages(1250 words)Essay
Property law
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.
3 Pages(750 words)Case Study
Property law
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.
3 Pages(750 words)Case Study
Property law
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.
3 Pages(750 words)Case Study
Property law
Below I offer my thoughts on the handling of the situation, both legally and spiritually. Joint Tenancy with Right of Survivorship I agree with the advice that Barney should take the case to court and fight Opie legally. Joint tenancy, in estate law, refers to a form of ownership where more than one person has ownership of one property or properties.
3 Pages(750 words)Case Study
Real and Intellectual Property Law Briefs
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.
7 Pages(1750 words)Case Study
Property Law Master Case Study
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
4 Pages(1000 words)Case Study
Property Law
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.
7 Pages(1750 words)Case Study
Property Law Degree Case Study
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.
4 Pages(1000 words)Case Study
Property Law Case Study
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.
7 Pages(1750 words)Case Study
Let us find you another Case Study on topic Property law for FREE!
Contact us:
+16312120006
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us