Steps For the Discussion: Please remember as we discussed in the zoom session, you are debating ???the DEBATE THIS ?prompt. You are going to write an 1 introductory ?paragraph stating y

13 Jun Steps For the Discussion: Please remember as we discussed in the zoom session, you are debating ???the DEBATE THIS ?prompt. You are going to write an 1 introductory ?paragraph stating y

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Steps For the Discussion:

Please remember as we discussed in the zoom session, you are debating the DEBATE THIS prompt. You are going to write an 1 introductory paragraph stating your position then 3 supporting paragraphs, and lastly 1 conclusion paragraph (total of 5 paragraphs). Feel free to incorporate the fact pattern I gave you as an example to help prove your point. But you do not necessarily have to answer the questions posed. I want to see reasoned analysis and critical thinking. There is no right or wrong answer. Feel free to use the internet for all supporting resources, cases, journal, articles, etc… Make sure that you cite your sources.

1. Debate This: Property condemnation

Vern Shoepke bought a two-story home in Roche, Maine. The warranty deed did not specify what covenants would be included in the conveyance. The property was adjacent to a public park that included a popular Frisbee golf course. (Frisbee golf is a sport similar to golf but using Frisbees.) Wayakichi Creek ran along the north end of the park and along Shoepke’s property. The deed allowed Roche citizens the right to walk across a five-foot-wide section of the lot beside Wayakichi Creek as part of a two-mile public trail system. Teenagers regularly threw Frisbee golf discs from the walking path behind Shoepke’s property over his yard to the adjacent park. Shoepke habitually shouted and cursed at the teenagers, demanding that they not throw the discs over his yard.

Two months after moving into his Roche home, Shoepke leased the second floor to Lauren Slater for nine months. The lease agreement did not specify that Shoepke’s consent would be required to sublease the second floor. After three months of tenancy, Slater sublet the second floor to a local artist, Javier Indalecio. Over the remaining six months, Indalecio’s use of oil paints damaged the carpeting in Shoepke’s home. Using the information presented in the chapter, answer the following questions.

What is the term for the right of Roche citizens to walk across Shoepke’s land on the trail?
What covenants would most courts infer were included in the warranty deed that Shoepke received when he bought his house?
Can Shoepke hold Slater financially responsible for the damage to the carpeting caused by Indalecio? Explain.
Could the fact that teenagers continually throw Frisbees over Shoepke’s yard outside the second-floor windows arguably be a breach of the covenant of quiet enjoyment? Why or why not?

Debate This:
Under no circumstances should a local government be able to condemn property in order to sell it later to real estate developers for private use.

Steps For the Discussion:

2. Debate This: Carrier’s liability

Vanessa Denai owned forty acres of land in rural Louisiana. On the property were a 1,600-square-foot house and a metal barn. Denai met Lance Finney, who had been seeking a small plot of rural property to rent. After several meetings, Denai invited Finney to live on a corner of her land in exchange for Finney’s assistance in cutting wood and tending her property. Denai agreed to store Finney’s sailboat in her barn.

With Denai’s consent, Finney constructed a concrete and oak foundation on Denai’s property and purchased a 190-square-foot dome from Dome Baja for $3,395. The dome was shipped by Doty Express, a transportation company licensed to serve the public. When it arrived, Finney installed the dome frame and fabric exterior so that the dome was detachable from the foundation. A year after Finney installed the dome, Denai wrote Finney a note stating, “I’ve decided to give you four acres of land surrounding your dome as drawn on this map.” This gift violated no local land-use restrictions. Using the information presented in the chapter, answer the following questions.

Is the dome real property or personal property? Explain.
Is Denai’s gift of land to Finney a gift causa mortis or a gift inter vivos?
What type of bailment relationship was created when Denai agreed to store Finney’s boat? What degree of care was Denai required to exercise in storing the boat?
What standard of care applied to the shipment of the dome by Doty Express?

Debate This:
Common carriers should not be able to limit their liability.

BUSINESS LAW Today STANDARD EDITION TEXT & SUMMARIZED CASES, 12e

Roger LeRoy Miller

Miller, Business Law Today, Comprehensive Edition: Text & Cases, 12th Edition. © 2020 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Personal Property and Bailments

Chapter 41

Chapter Outline

41-1 Personal Property versus Real Property

41-2 Acquiring Ownership of Personal Property

41-3 Mislaid, Lost, and Abandoned Property

41-4 Bailments

Learning Objectives

What is real property? What is personal property?

What are the three necessary elements for an effective gift?

How does lost property differ from mislaid property? Does a finder of such property acquire title to it?

What are the three elements of a bailment?

41-1 Personal Property versus Real Property

Real property: Land and everything permanently attached to it, such as trees and buildings.

Personal property (or chattel): Property that is movable. Any property that is not real property.

41-1a Why Is the Distinction Important?

Taxation

Acquisition

41-1b Conversion of Real Property to Personal Property

41-2 Acquiring Ownership of Personal Property

41-2a Possession

41-2b Production

41-2c Gifts

Gift: A voluntary transfer of property made without consideration, past or present.

41-2c Gifts (slide 1 of 2)

Donative Intent

Spotlight Case Example 41.3 Goodman v. Atwood (2011)

Delivery

Constructive Delivery: A symbolic delivery of property that cannot be physically delivered

Relinquishing Dominion and Control: An effective delivery also requires giving up complete control and dominion (ownership rights) over the subject matter of the gift.

41-2c Gifts (slide 2 of 2)

Acceptance

Gifts Inter Vivos and Gifts Causa Mortis

Gift inter vivos: A gift made during one’s lifetime and not in contemplation of imminent death, in contrast to a gift causa mortis.

Gift causa mortis: A gift made in contemplation of imminent death. The gift is revoked if the donor does not die as contemplated.

Automatically Revoked if Donor Recovers

Automatically Revoked if Donee Dies

Classic Case 41.1

In re Estate of Piper (1984)

Illustrates the delivery requirement when making a gift—to protect property owners and their heirs from fraudulent claims based solely on parol evidence

41-2d Accession

Accession: The addition of value to personal property by the use of labor or materials.

41-2e Confusion

Confusion: Mixing together of goods to such an extent that one person’s personal property cannot be distinguished from another’s.

41-3 Mislaid, Lost, and Abandoned Property

41-3a Mislaid Property

Mislaid property: Property that the owner has voluntarily parted with and then has inadvertently forgotten.

41-3b Lost Property

Lost property: Property that the owner has involuntarily by the owner.

Conversion of Lost Property

Estray Statutes

Estray statute: A statute defining finders’ rights in property when the true owners are unknown.

Spotlight Case Example 41.12 United States v. One Hundred Sixty-Five Thousand Five Hundred Eighty Dollars ($165,580) in U.S. Currency (2007)

41-3c Abandoned Property

Abandoned property: Property that has been discarded by the owner, who has no intention of reclaiming it.

41-4 Bailments

A bailment is formed by the delivery of personal property without transfer of title by one person (a bailor) to another (a bailee).

41-4a Elements of a Bailment

Personal Property Requirement

Delivery of Possession

Physical versus Constructive Delivery

Involuntary Bailments

Bailment Agreement

A bailment agreement can be express or implied.

41-4b Ordinary Bailments (slide 1 of 3)

Bailment for the sole benefit of the bailor.

Bailment for the sole benefit of the bailee.

Bailment for the mutual benefit of the bailee and the bailor.

Rights of the Bailee

Right of Possession

Right to Use Bailed Property

Right of Compensation

Right to Limited Liability

41-4b Ordinary Bailments (slide 2 of 3)

Duties of the Bailee

Take appropriate care

Surrender property or dispose in accordance with bailor’s instructions at end of bailment

The Duty of Care

Duty to Return Bailed Property

Lost or Damaged Property

Case Example 41.29 National Liability & Fire Insurance Co. v. R&R Marine, Inc. (2014)

Exhibit 41–2 Degree of Care Required of a Bailee

Miller, Business Law Today, Standard Edition: Text & Summarized Cases, 12th Edition. © 2020 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

41-4b Ordinary Bailments (slide 3 of 3)

Duties of the Bailor

Bailor’s Duty to Reveal Defects

Warranty Liability for Defective Goods

41-4c Special Types of Bailments

Common Carriers

Common carriers are publicly licensed to transport goods or passengers on regular routes at set rates.

Strict Liability Applies

Limitations on Liability

Warehouse Companies

Limitations on Liability

Warehouse Receipts

Hotel Operators

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BUSINESS LAW Today STANDARD EDITION TEXT & SUMMARIZED CASES, 12e

Roger LeRoy Miller

Real Property and Landlord-Tenant Law

Chapter 42

Chapter Outline

42-1 The Nature of Real Property

42-2 Ownership Interests and Leases

42-3 Transfer of Ownership

42-4 Landlord-Tenant Relationships

Learning Objectives

What is a fixture, and how does it relate to real property rights?

What is the difference between a joint tenancy and a tenancy in common?

What are the requirements for acquiring property by adverse possession?

What are the duties of the landlord and the tenant with respect to the use and maintenance of leased property?

42-1 The Nature of Real Property (slide 1 of 2)

Real property consists of land and the buildings, plants, and trees that are on it.

42-1a Land

42-1b Airspace and Subsurface Rights

Property owners also have rights to the airspace above the land and the soil and minerals beneath it.

Airspace Rights

Subsurface Rights

42-1 The Nature of Real Property (slide 2 of 2)

42-1c Plant Life and Vegetation

Both natural and cultivated plant life is considered to be real property.

42-1d Fixtures

Fixture: An item attached to the real property in a permanent way

42-2 Ownership Interests and Leases (slide 1 of 2)

42-2a Ownership in Fee Simple

An owner in fee simple is entitled to use, possess, or dispose of the property as he or she chooses during his or her lifetime.

Duration

Limitations on Use

Spotlight Case Example 42.2 Biglane v. Under the Hill Corp. (2007)

42-2 Ownership Interests and Leases (slide 2 of 2)

42-2b Life Estates

Life estate: An interest in land that exists only for the duration of the life of a specified individual, usually the holder of the estate.

Conveyance: The transfer of title to real property from one person to another by deed or other document.

42-2c Concurrent Ownership (slide 1 of 2)

Concurrent ownership: Joint ownership

Tenancy in Common: Joint ownership of property; each party owns undivided interest that passes to his or her heirs.

Joint Tenancy: Joint ownership of property in which each co-owner owns an undivided portion of the property.

Right of Survivorship

Termination of a Joint Tenancy

42-2c Concurrent Ownership (slide 2 of 2)

Tenancy by the Entirety: Joint ownership of property by a married couple in which neither spouse can transfer his or her interest in the property without the consent of the other.

Community Property: A form of concurrent property ownership in which each spouse owns an undivided one-half interest in property acquired during the marriage.

42-2d Leasehold Estates (slide 1 of 2)

Leasehold estate: An interest in real property that gives a tenant a qualified right to possess and/or use the property for a limited time under a lease.

Fixed-Term Tenancy: A type of tenancy under which property is leased for a specified period of time, such as a month, a year, or a period of years.

42-2d Leasehold Estates (slide 2 of 2)

Periodic Tenancy: A lease interest in land for an indefinite period involving payment of rent at fixed intervals, such as week to week, month to month, or year to year.

Tenancy at Will: A type of tenancy that either the landlord or the tenant can terminate without notice.

Tenancy at Sufferance: A tenancy that arises when a tenant wrongfully continues to occupy leased property after the lease has terminated.

42-2e Nonpossessory Interests—Easements, Profits, and Licenses (slide 1 of 2)

Easement: The right of a person to make limited use of another person’s real property without taking anything from the property.

Profit: In real property law, the right to enter onto another’s property and remove something of value from that property.

Easement or Profit Appurtenant

Easement or Profit in Gross

Creation of an Easement or Profit

42-2e Nonpossessory Interests—Easements, Profits, and Licenses (slide 2 of 2)

Termination of an Easement or Profit

License: In the context of real property, a revocable right/privilege to enter another person’s land.

Case Example 42.13 Orman v. Curtis (2017)

Exhibit 42–1 Interests in Real Property

Ownership Interests	1. Fee simple—The most complete form of ownership. 2. Life estate—An estate that lasts for the life of a specified individual. 3. Concurrent ownership—Ownership by two or more persons who hold title to property together. Types of concurrent ownership are as follows: a. Tenancy in common b. Joint tenancy c. Tenancy by the entirety d. Community property
Leasehold Estates	1. Fixed-term tenancy (tenancy for years) 2. Periodic tenancy 3. Tenancy at will 4. Tenancy at sufferance
Nonpossessory Interests	1. Easements 2. Profits 3. Licenses

42-3 Transfer of Ownership

42-3a Real Estate Sales Contracts

Implied Warranties in the Sale of New Homes

Implied Warranty of Habitability: An implied promise by a seller of a new house that the house is fit for human habitation or the implied promise by a landlord that rented residential premises are habitable.

Seller’s Duty to Disclose Hidden Defects

Spotlight on Sales of Haunted Houses: Case 42.2

Stambovsky v. Ackley (1991)

Assuming that Ackley’s behavior was unethical, was it because she failed to tell Stambovsky something about the house that he did not know, or was it because of the nature of the information she omitted? Explain.

42-3b Deeds (slide 1 of 3)

Deed: A document by which title to real property is passed. A valid deed must contain:

The names of the grantor and grantee

Words evidencing the intent to convey the property

Legally sufficient description of the land

Grantor’s signature

Delivery of the deed

42-3b Deeds (slide 2 of 3)

Warranty Deeds: A deed that provides the greatest amount of protection for the grantee. Warranty deeds common include the following covenants (promises):

Covenant that the grantor has title to, and the power to convey the property

Covenant of quiet enjoyment

Covenant that transfer is made without knowledge of adverse claims of third parties

42-3b Deeds (slide 3 of 3)

Special Warranty Deeds: A deed that warrants only that the grantor held good title during his or her ownership of the property and does not warrant that there were no defects of title when the property was held by previous owners.

Quitclaim Deeds: A deed that conveys only whatever interest the grantor had in the property and therefore offers the least amount of protection against defects of title.

Recording Statutes: A statute that allow deeds, mortgages, and other real property transactions to be recorded so as to provide notice to future purchasers or creditors of an existing claim on the property.

42-3c Will or Inheritance

Property that is transferred on an owner’s death is passed either by will or by state inheritance laws.

If the owner of land dies with a will, the land passes in accordance with the terms of the will.

If the owner dies without a will, state inheritance statutes prescribe how and to whom the property will pass.

42-3d Adverse Possession (slide 1 of 2)

Adverse possession: Obtaining title to land without delivery of a deed and without the consent of—or payment to—the true owner.

Requirements for Adverse Possession

Possession must be actual and exclusive

Possession must be open, visible, and notorious

Possession must be continuous and peaceable for the required period of time

Possession must be hostile and adverse

42-3d Adverse Possession (slide 2 of 2)

Requirements for Adverse Possession

Case Example 42.15 Cline v. Rogers Farm Enterprises, LLC (2017)

Purpose of the Doctrine

42-3e Eminent Domain

Eminent domain: The power of a government to take land from private citizens for public use on the payment of just compensation.

42-3e Eminent Domain

The Taking: The taking of private property by government for public use through power of eminent domain.

The Compensation

The U.S. Constitution and state constitutions require that the government pay just compensation to the landowner when invoking its condemnation power.

42-4 Landlord-Tenant Relationships (slide 1 of 3)

Landlord-tenant relationships are established by a lease contract. In most states, statutes require leases for terms exceeding one year to be in writing.

42-4a Rights and Duties

Possession

Quiet Enjoyment

Eviction:

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13 Jun Steps For the Discussion: Please remember as we discussed in the zoom session, you are debating ???the DEBATE THIS ?prompt. You are going to write an 1 introductory ?paragraph stating y

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