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Property law - Case Study Example

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Property Law Name: Institution: PROPERTY LAW Introduction Barney seems to be faced with several situations in which he has hired a lawyer to represent and advise him on ways of handling, not only from a legal perspective, but also from a spiritual perspective…
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Download file to see previous pages The individuals share equal ownership and have the same and undivided right to dispose or keep the property. It also creates the Right of Survivorship that provides that if one tenant passes away, the rest of the property goes to those who survive them (Hinkel, 2012). According to joint tenancy, Andy and Barney owned the same interest in the whole property with an equal share and the estate was vested for the period of their lifetime. In addition, both Andy and Barney enjoyed similar rights until one passed away. Under the right of survivorship, when Andy died, the remainder of the entire property was automatically transferred to Barney. However, there could be a catch since it is not clear whether Barney had recorded an affidavit as to the death of Andy. It is true that, upon the death of Andy, Barney had the right of survivorship that ensured Barney got the title to the entire property. The procedure is that, in Andy’s death, the title was to be transferred to Barney after the recording of this affidavit, which describes the dead tenant and property, as well as an attached death certificate (Hinkel, 2012). I do agree with the advice, as long as the Barney had recorded the affidavit of death of Andy, who was the joint tenant. Adverse Possession In this case, I concur with the advice given. In adverse possession, a person can gain legal title through open, actual, continuous, and hostile possession of land to the owner’s exclusion (Jourdan & Radley-Gardney, 2010). In the case, such as this, where the possession is open and notorious, Ernst possessed the property openly in the middle of the property where the neighbors could see and act as all true owners of the land would. While occupying Barney’s land, Ernst did not do so secretly such as to have denied him any legal rights to the land. Ernst has actually improved the land by building a cabin and fencing it, which was demonstrative of open and notorious possession. Essentially, building his cabin there without any resistance is the most notorious and open possession. While it is true that Barney did not have knowledge of Ernst’s adverse use of his land, Ernst’s possession is so notorious and open that it is impossible the neighbors around the property have no idea of his living there (Jourdan & Radley-Gardney, 2010). It is not also possible to expect Ernst to give the land back even after he had been put on notice that the land will be reclaimed as shown by his behavior when Barney tried to access the property, which indicates that Ernst intends to keep possession. I agree that they should overlook the law of adverse possession. Bailment and Conversion I agree that Barney cannot be found liable for any charges requested for by the seller at the classic car show. Bailment involves the temporary placing by a bailor of control of personal property to the hands of a bailee for a particular purpose on which the two have agreed (Ashcroft & Ashcroft, 2011). In this case, Barney was the bailer while the valet was the bailee. Bailment is a contractual relationship because the two, either impliedly or expressly bind to act to specific terms. In this case, the valet only received control of the car while Barney retains an ownership interest. While the valet’s interest in the car, during the bailment period, was superior to that of Barney, he violated the agreement by exchanging Barney’s car and breaking their agreement. Once Barney was done with ...Download file to see next pagesRead More
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