Advice to Barney on Property
Sonya L Henderson
The purpose of this assignment is to analyze various types of property ownership. Property ownership can be characterized as real, personal, joint tenancy, common tenancy, tenancy in entirety, sole ownership, and community. Ownership of property determines the right to control it, how it is used, who can benefit from it, the transfer or sell of it, and the exclusion from it. Property ownership can be shown in the issuance of a legal written instrument such as a title deed or warrant deed. There are a variety of leisure and economic benefits owning property. There are laws and statues established in order to govern the different factors pertaining to property. Discrepancies in property ownership can lead to various legal actions in civil and criminal court cases. The case study will be assessed from a legal and spiritual perspective regarding joint tenancy with right of survivorship, adverse possession, eminent domain, bailments, and good faith purchasers for value.
Barney, a retired deputy and detective in North Carolina was quite a prudent investor in various aspects of property. Different obstacles had aroused dealing with his mountain property, motor vehicle, and beach house. As Barney’s attorney and friend in Christ, advisement on the circumstances will be given. First, Barney is advised not to be anxious or worried about his property dilemmas. “Trust in the Lord with all your heart and lean not on your own understanding; in all your ways submit to him, and he will make your paths straight (Proverbs 3:5-6 NIV). Barney is further advised from a legal standpoint on how these property issues should be addressed. Joint tenancy with right of survivorship
Barney is the only living tenant of the mountain property from a joint tenancy with a right to survivorship that was established with his old friends Andy, Floyd, and Howard. When Andy died he left his share of the interest in the property in a will to his son Opie. Opie used his share of interest in the property as collateral on a loan he defaulted on. Now the lender have sought legal action to foreclose on the property. Barney is advised from a legal perspective he can petition for a partition by sale of the property to the court. According to a Supreme Court case that states: When any persons entitled as tenants in common, or joint tenants, of personal property desire to have a division of property, that person may file a petition for partition in the Superior Court for that purpose; if the petitioners are entitled to relief, the property shall be divided as nearly equal as possible among the tenants in common, or joint tenants (Chadwick v. Blades, 1936, para. 612). As Barney’s attorney, the best course of action is to divide the interest in the property in order to avoid future legal actions with Opie or the lender. Adverse Possession
Unfortunately, another obstacle had aroused regarding the mountain property. Since Barney haven’t been on the property for 20 years, a small town acquaintance named Ernest had established residence of this land. This form of action is called adverse possession. According to North Carolina state law: No action for the recovery or possession of real property, or the issues and profits thereof, shall be maintained when the person in possession thereof, or defendant in the action, or those under whom he claims, has possessed the property under known and visible lines and boundaries adversely to all other persons for 20 years; and such possession so held gives a title in fee to the possessor, in such property, against all persons not under disability (N.C. Gen. Stat, 2013). Ownership in the land has been automatically vested in Ernest due to the time period of residing freely on the property and Barney has lost the property according to this law. Eminent Domain
Life for Barney continues to dwindle downward when he...
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