Case Study: Ownership In Fee Simple

Case Activities 6
Ownership in Fee Simple This case revolves around a house built on a 76-acre parcel of real estate by Thomas and Teresa Cline in Augusta County, Virginia next Roy Berg’s home. Even though the two homes were about 1,800 feet apart from each other they still remained in view of each other. Both parties had several disagreements which lead Berg to equip an 11-foot tripod with motion sensors and floodlights that would intermittently illuminate the Cline’s home. Surveillance cameras, that transmitted on an open frequency which could be received by any television within range, tracking some of the movement on the Cline’s property was also installed by Berg. The Cline’s requested for Berg to turn off or redirect the lights. Upon
According to our textbook, Business Law Text and Cases, the rights that accompany a fee simple absolute include the right to use the land for whatever purpose the owner see fit in addition to a person who uses his or her property in a manner that unreasonably interferes with other’s right to use or enjoy their own property can be liable for the tort of nuisance. Pursuant to the equitable maxim that `He who comes into equity must come with clean hands,' the so-called `clean hands' doctrine, the complainant seeking equitable relief must not himself have been guilty of any inequitable or wrongful conduct with respect to the transaction or subject matter sued on (Richards v. Musselman, 1980). A court of equity will not relieve against conditions brought about by the improper conduct of the party seeking relief (Wilson v. Wall, 1901). There are limits to an owner’s use of property to the extent they cannot interfere unreasonably with another’s right to use or enjoy their property. The courts should rule in favor of the Cline’s since they would have never built the fence had Berg left them alone or complied with their request to have him remove the lights and surveillance cameras. Thus per the clean hands doctrine, Berg must not have been guilty of any inequitable or wrongful conduct for the courts to rule in his favor. In the actual case on which this problem is based, the Supreme Court of Virginia concluded the circuit court abused its discretion in failing to apply the "clean hands" doctrine and denied the injunctive relief requested by Berg and reversed the judgment of the circuit court and enter final judgment here in favor of the Clines (Cline v Berg,