the owner of the property. The seller’s interest is looked at as personal property. The legal title of the property remains with the seller and is considered to in trust and the risk is on the seller. The right of possession follows the legal title; the seller is entitled to possession until closing. Risk of Loss – there is a split of authority on risk of loss when a contract is signed‚ equity is passed to buyer through escrow and the risk of loss is on buyer. If property is destroyed before
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is Ownership. Ownership of properties is not only a dream but also literally a right of passage in America that symbolizes newfound stature and success. In our society‚ these symbols have come under fire by those who would seek to take that away called the “Plaintiff”. This new stature comes in many forms but today we will talk about two that are in the most jeopardy and require legal protections‚ in the form of either Real Property‚ or Intellectual Property. Real property (or realty) is a legal term
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Facts: Barry would like to transfer his property to his wife‚ Lucy to avoid being vulnerable to creditors. He would like his three heirs to equally inherit the property after his and his wife’s death. Issue: Can Barry convey his property to Lucy and still be assured that the children will obtain the intended interest? How should this be conveyed? What interests should he give to whom? What kind of remainder interests and tenancies should he give to the children? What type of deed is necessary
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Cliff have 3 acres of land in question where Cliff’s fence takes up her property for dispute. Mildred has a deed executed 40 years ago and Cliff’s claims he is the adverse possessor. Mildred of Ohio organized her estate plan and had a survey done on her home; realizes that her neighbor Cliff’s picket fence is 3 feet on her property line. Mildred has a deed executed over 40 years ago showing she acquired the property on the other hand Cliff’s argument is that he is the adverse possessor
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Smith‚ a devout member of the Saints Church‚ conveys his property‚ Blackacre‚ “to Romney so long as he remains a member of the Saints Church and if not then Smith may re-enter and reclaim Blackacre.” After several years‚ Romney‚ and several other members of the Saints Church‚ become disenchanted with the Saints Church’s teachings. Romney and the disenchanted members decided to form a new church. The new church‚ The Reformed Saints Church‚ severed all ties with the original Saints Church. Although
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------------------------------------------------- ------------------------------------------------- LAWS2017 Real Property ------------------------------------------------- Comprehensive Study Notes 1. Common Law and Equitable Approached to Competing Interests The basic rules of priority: 1. Priority disputes occur when two or more people claim independent property rights that cannot co-exist. When one property right takes priority over another‚ the latter is extinguished or diminished to the extent
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Real Number Properties In this assignment we were asked to solve three expressions using the properties of real numbers in order to do so. Each of the real number properties are essential in solving algebraic expressions. Although you may not need to use all of them in the same expression to solve you will need to use at least one. In this paper I will demonstrate the use of the properties and show the steps needed to solve each part of an expression. Understanding the properties of algebra
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Summary: In our case scenario Bart and Alan bot reside in Boring‚ Oregon. Alan is the finder of Bart’s lost item before Bart offers a reward. In Contract law a reward offer is binding. In Property law a person has a responsibility to return lost personal property to its rightful owner. Issue: Is Alan entitled to collect a reward before he returns Bart’s object? Rule: MacFarlane v. Bloch‚ 59 Ore. 1 (Or. 1911) In the above mentioned case‚ one party found a pocketbook with a value
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Final Examination – Anderson Princiles 1. Airspace above a parcel of land is: (a) real property (b) personal property (c) an encumbrance (d) a fixture 2. All of the following are real property except: (a) fruit trees (b) chattels (c) stock in a mutual water company (d) built-in stove 3. In a dispute over fixtures‚ courts tend to favor: (a) sellers over buyers (b) landlords over tenants (c) lenders over borrowers
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Old System Title Legal Interests under Old System Title S184G CA: priority given to the earlier same as s 12 of the former Registration and Deeds Act. If the four elements are satisfied‚ namely: 1. Instrument relating to the land (excludes wills) must be effective and not void 2. Made in good faith a. There must be no fraud – Re Cooper b. It must be bona fide - Marsden v Campbell c. Notice only effective after registration‚ no notice before registration‚ but after settlement – Scholes
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