Business Law Study Set 1

Business

Quiz 49 :

Real Property

Quiz 49 :

Real Property

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Kenneth Corson, 10, lived with his mother, Lynda Lontz, in an apartment building owned by Bruno and Carolyn Kosinski. While playing with other children who lived in the same building, Corson was drawn to a stairwell that provided access to the building's laundry room and roof. Corson and the other children climbed to the roof and discovered an area where they could jump from the roof of their building to that of the building next door. The children engaged in roof hopping for several days. On the last day, Corson misjudged his jump and fell the three stories to the ground below. Corson and his mother filed suit against the Kosinskis to collect damages for Corson's injuries. What theory might be used to hold the Kosinskis liable [Corson by Lontz v Kosinski, 801 F Supp 75 (ND Ill)]
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Refer to the case Corson by Lontz v Kosinki to answer question as below:
Facts to this case
• A child (plaintiff) frequently played by jumping from the roof of his apartment owned by the defendants to the neighboring roof.
• One day, the child fell while jumping from the roof.
Case Issue
What theory is needed to find the owner (defendant) liable
Relevant Terms, Laws, and Cases
Trespass - is an unauthorized entry to a property. Trespassers typically cannot hold property owners liable for injuries cause to themselves in the property.
Attractive Nuisance Doctrine - holds owners liable to trespassing children for injuries caused to the trespassing child in a dangerous spots which may attract children.
Analysis and Conclusion
As the child trespassed to the roof, in normal file suit it is not possible to hold the owner liable for any injury. But the plaintiff may file claim a suit under the attractive nuisance doctrine , which holds the owner liable. This doctrine will find the owner liable, if it is possible to establish that the place of injury poses serious concern and is frequented by children and the owner has ignored the chance of possible mishap instead of having the knowledge of the same.

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Bradt believed his backyard ran all the way to a fence. Actually, a strip on Bradt's side of the fence belonged to his neighbor Giovannone, but Bradt never intended to take land away from anyone. Bradt later brought an action against Giovannone to determine who owned the strip on Bradt's side of the fence. Who is the owner Why [Bradt v Giovannone, 315 NYS2d 96]
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Refer to the case Bradt v Giovannone to answer question as below:
Facts to this case
• B owned a house with a fenced backyard.
• However, part of the land within the fenced backyard actually belonged to his neighbor G.
• B claim ownership of the land.
Case Issue
The issue is whether B can claim ownership of the land. Note that from the facts B is probably trying to argue for adverse possession; he gained the land from the owner because of his control and possession of it over a period of time is adverse to the owner's wishes.
Relevant Terms, Laws, and Cases
Adverse Possession - gaining ownership of a property by adversely inhabiting in it for a period of time.
Analysis and Conclusion
The court should hold B responsible. It is found that B satisfied adverse possession even though B took the land unintentionally. Note that, the fact that B had the fence enclosing part of G 's land, already gave B an adverse right hostile to G and furthermore B had possession of the land for the required time. Thus, B gained the land by adverse possession.

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The Friersons have a two-story building in Easley, South Carolina, that shares a common wall with an adjacent two-story building owned by David and Patricia Watson. An outdoor stairway located on the Watsons' property provides access to the second floor of both buildings. A dispute arose when David Watson began to construct apartments on the second floor of his building and proposed to close off a connecting indoor hallway between the two properties at the top of the stairs located inside the building. The Friersons maintained that they had an easement to use both the outdoor stairway and the indoor hallway for access. The Friersons' predecessors-in-interest, E. C., E. O., and D. M. Frierson, purchased the building in 1929 from the "Estate of R. F. Smith, Inc." The 1929 deed, dated January 14 and recorded on January 23, expressly conveyed "an easement in a certain four foot stairway in the back of the building, with right of ingress and egress on said stairway to the second story of said building." On January 21, 1929, two days before the deed was recorded, the parties to the sale executed a "Memorandum of Agreement" that granted an easement for the use of the hallway. The memo was not recorded. The Friersons brought suit to stop Watson's construction. The Friersons claimed Watson's construction violated their easement by eliminating the hallway, which denied them access to the second floor of their building. The circuit court determined that the Friersons had established an easement for use of the hallway by grant and by prescription and granted the Friersons' motion. David Watson appealed. Who is correct on this easement issue Explain why. [ Frierson v. Watson, 636 S.E. 2d 872 (S.C. App.)]
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Determine whether the following would be fixtures or personal property. a. Refrigerator in a home b. Refrigerators in an apartment complex with furnished units c. Refrigerators in a restaurant kitchen d. Refrigeration/freezer units in a grocery store e. Mini-refrigerator in a student dorm
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Which of the following statements is correct with respect to a real estate mortgage
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Miller executed a deed to real estate, naming Zieg as grantee. He placed the deed in an envelope on which was written "To be filed at my death" and put the envelope and deed in a safe deposit box in the National Bank that had been rented in the names of Miller and Zieg. After Miller's death, Zieg removed the deed from the safe deposit box. Moseley, as executor under Miller's will, brought an action against Zieg to declare the deed void. Decide. [Moseley v Zieg, 146 NW2d 72 (Neb)]
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What is the relationship between trespass and adverse possession
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Henry Lile owned a house. When the land on which it was situated was condemned for a highway, he moved the house to the land of his daughter, Sarah Crick. In the course of construction work, blasting damaged the house. Sarah Crick sued the contractors, Terry Wright, who claimed that Lile should be joined in the action as a plaintiff and that Sarah could not sue by herself because it was Lile's house. Were the defendants correct [Terry Wright v Crick, 418 SW2d 217 (Ky)]
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Robert E. Long owned land in the City of Hampton that he leased to Adams Outdoor Advertising Limited Partnership. Adams had an advertising billboard placed on the property. On October 6, 1993, Long notified Adams that he was terminating the lease. Adams accepted the termination and told Long that it would have the electrical service disconnected and would schedule demolition of the billboard for the first week in November. Long wanted to use the billboard to advertise his own business and filed suit to enjoin Adams from destroying the billboard. Long maintained the billboard was part of the land and belonged to him. Adams asserted that it owned the billboard as a lessee. The trial court found for Long, and Adams appealed. Decide. [Adams Outdoor Adv., Ltd., Part. v Long, 483 SE2d 224 (Va)]
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Which of the following deeds will give a real property purchaser the greatest protection a. Quitclaim b. Bargain and sale c. Special warranty d. General warranty
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Bunn and his wife claimed that they had an easement to enter and use the swimming pool on neighboring land. A contract between the former owners of the Bunns' property and the adjacent apartment complex contained a provision that the use of the apartment complex's swimming pool would be available to the purchaser and his family. No reference to the pool was made in the contract between the former owners and the Bunns, nor was there any reference to it in the deed conveying the property to the Bunns. Decide. [Bunn v Offutt, 222 SE2d 522 (Va)]
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Ritz owned a building in which there was a duly recorded first mortgage held by Lyn and a recorded second mortgage held by Jay. Ritz sold the building to Nunn. Nunn assumed the Jay mortgage and had no actual knowledge of the Lyn mortgage. Nunn defaulted on the payments to Jay. If both Lyn and Jay foreclosed and the proceeds of the sale were insufficient to pay both Lyn and Jay, then:
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Martin Manufacturing decided to raise additional long-term capital by mortgaging an industrial park it owned. First National Loan Co. agreed to lend Martin $1 million and to take a note and first mortgage on the land and building. The mortgage was duly recorded. Martin sold the property to Marshall, who took the property and assumed the mortgage debt. Does Marshall have any personal liability on the mortgage debt Is Martin still liable on the mortgage debt Explain.
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Christine and Steve Mallock buried their son in a burial plot purchased at Southern Memorial Park, Inc. Each year the Mallocks conducted a memorial service for their son at his burial plot. On the seventh anniversary of their son's death, the Mallocks went to their son's grave at 11:00 A.M. for the annual service, which generally took 30 minutes. When they arrived, they discovered that a tent and chairs set up for funeral services on the plot next to their son's grave were actually resting on his gravesite. The Mallocks asked Southern's management if the tent and chairs could be moved until they could conduct their service. The managers refused, and the Mallocks went ahead with their ceremony, cutting it to five minutes, after they moved the chairs and tents by themselves. Southern's managers called the police and had the Mallocks evicted. Southern claimed the Mallocks had no rights on the property except for the grave and that their deed for the plot did not award an easement for access. Did the Mallocks have the right to access to the gravesite [Mallock v Southern Memorial Park, Inc., 561 So2d 330 (Fla Ct App)]
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In 1972, Donald and Joyce Carnahan purchased a 1-acre lot located on a 22-acre lake. The purchase included a portion of the lake bed. The Carnahans used the lake for recreational activity in both winter and summer, and their activities included motorboats, jet skis, and wave runners. In 1991, the Moriah Property Owners Association, Inc., acquired title to the majority of the lots along the lake and imposed restrictive covenants on the use of the lake, including one that prohibited all motors on the lake except for those powered by 12-volt batteries. The Carnahans filed suit to establish a prescriptive easement in their right to use the lake for all their activities. Do you think the Carnahans acquired an easement by prescription [Carnahan v Moriah Property Owners Association, Inc., 716 NE2d 437 (Ind)]
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To be enforceable against the mortgagor, a mortgage must meet all the following requirements except: a. Be delivered to the mortgagee b. Be in writing and signed by the mortgagor c. Be recorded by the mortgagee d. Include a description of the debt and land involved
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After executing the various deeds, J. M. Fernandez Jr. placed them in a closet (with other valuable papers) for safekeeping until they could be physically delivered to the various grantees, including Sylvia Sheppard, when she returned to Key West. This closet was in the home that Fernandez shared with Betty DeMerritt. They were not married but lived together the final 15 years of Fernandez's life. Shortly thereafter, Fernandez was debilitated by a stroke and became a total invalid. He never regained his health and died before Sylvia Sheppard could return to Key West to receive physical delivery of the deed personally from him. When Sylvia Sheppard did arrive in Key West, Betty DeMerritt gave her the deed. This took place two or three days after the death of Fernandez. When questioned as to why she turned the deed over to Sylvia, Betty DeMerritt stated, "I knew he wanted me to do it... because he couldn't do it." She was speaking of Fernandez's physical disability. Does Sylvia have title to the property Was there delivery [Kerr v Fernandez, 792 So2d 685 (Fla)]
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O conveys property to A on December 1, 2012. O conveys the same property to B who does not know about A and who records his deed on December 2, 2012. O then conveys the same property to C. Who has title to the property
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At approximately 3:00 A.M., on February 3, 2000, Sonya Winchell was driving two of her friends through a Fort Wayne Taco Bell drivethru. When Winchell arrived in line, there was one car in front of her at the speaker. Winchell noticed that the occupants of the car, Remco Guy and Ariel Graham, were taking a long time placing their order and then got out of their car. At that point, Winchell yelled out her window, "Can we get moving, we are hungry!" Guy approached Winchell's car, stuck his head in the window, and "started cussing everybody out." Guy removed his head from the window, stuck it back in, and asked, "You got an F-ing problem " Winchell responded by "drill[ing] him in the nose." Guy then pulled a gun out of his pants and shot Winchell. One of Winchell's passengers and others summoned police officers who were in a nearby parking lot. Winchell survived the shooting, and Guy was convicted of attempted murder. Winchell filed a civil action against Guy and Graham, and against Taco Bell, alleging negligence. Is Taco Bell liable for the injuries that occur on its property [ Winchell v. Guy, 857 N.E.2d 1024 (Ind.)]
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