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Property law - Case Study Example

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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)…
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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
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