Topic: Property
Case Study: the Discussion Board Forum -Thread and Discussion Board Forum - Replies
Prompt:
Assume that you are Martin's attorney, as well as his brother or sister in Christ. Looking at the situation from both a legal and a spiritual perspective, give Martin your best assessment of his legal rights in connection with the various property law issues that he has encountered, along with your best advice as to how he should handle the situations.
In connection with this assignment, you may want to research the following legal concepts and incorporate what you find in your Discussion Board Forumthread if you consider them relevant:
• Joint Tenancy with Right of Survivorship;
• Adverse Possession (sometimes called prescription);
• Eminent Domain;
o See, e.g., Kelo v. New London, 545 U.S. 469 (2005).
• Bailments;
• Good Faith Purchasers for Value; or
• Any other legal concepts you believe may be relevant.
Case Study
Property
Martinhas decided to retire after many years as a deputy in a small North Carolina town and as a detective in Raleigh. Though Martin sometimes appeared to be a bumbling law enforcement officer, it turns out that he was adutiful saver and a shrewd investor, and now he owns an interest in some prime real estate in the North Carolina mountains, as well as a second home on the North Carolina coast.
Mountain Property:
Martin purchased the mountain property 31 years ago as joint tenants with a right of survivorship with his friendsPeter, John, and Thomas. All of the friends have passed away, and Martin has not been back to the property in more than 20 years.
Peter had apparently indicated in his will that he was leaving his interest in the property to his son Andrew. A few years back,Andrewtook out a personal loan using his purportedinterest in the property as collateral. When Andrew defaulted on the loan last month, the lender initiated a legal action to foreclose on the property. Martin hired an old friend with whom he used to go to church, who is now an attorney in Raleigh, to address the lender's legal action. The matter is still pending.
Remembering that a trout-filled stream ran through the property, Martin decided to do a little fly-fishing. When he drove out to the property, Martin was surprised to see smoke rising from the stone chimney of a little cabin that someone had constructed in the center of the land since the last time Martin had visited. When he approached the cabin, Martin suddenly heard a shot ring out and a bullet whiz past his head. Ducking for cover, Martin heard a familiar voice.It was Otis, from the small town where Martin had been a deputy, yelling and telling him to "Git off my land."
Gathering his senses, Martinidentified himself and told Otis it was actually his land and that he had the deed to prove it. Otis replied that he didn't care about the deed, and that he had lived on the property openly and notoriously for some 20 years, and, as far as he was concerned, it was now his.Deciding that discretion was the better part of valor, Martin hopped into his 1966Pontiac GTO, which he had bought at auction from the sheriff's office,and headed back east. He stopped in Raleigh to contact his attorney and asked him to deal with Otis's claim as well.