Real property and personal property holders have the several rights in common because they both can control and manage the property, they can use it or discard it. Both owners can sell or give it away as gifts. They can withdraw or discard it as well. Although, a real property owner could be more complicated in several ways than a personal property. A Real estate might come from heritage with several beneficiaries with a life estate. Though, private property is different because a realty has two other aspects that personal property does not hold. A land is permanent and cannot be destroyed while using it. Connecticut recognized adverse when a person openly, visibly occupy a land for continuously fifteen years. However, if the owner is legally …show more content…
DUNN BROTHERS, INC., et al. v. WANDA M. LESNEWSKY.
Procedural History
The Defendant appealed from a decision of the Superior Court that permanently prohibited from interfering with the right of the three corporate plaintiffs to enjoy the use of a railroad spur track.
Issue
Whether the owner of the servient estate extends the right of subsequent owners or it is merely personal to be resolved by seeking the intent definite it in the agreement.
Fact
Three plaintiffs brought an action against the defendant who owns one of four connecting parcels of property in the town of South Windsor formerly belongs to a common grantor. The land had a siding that had been in perpetual use by the plaintiffs and their ancestors since 1915, with the title includes an appurtenance to each specific parcel. A spur passage runs from the main line to the eastward position across the defendant's land, and into Quinnipiac Industrial Corporation, one of the plaintiff lands proceed to the north joining land owned by another plaintiff Propane Gas Service, Inc., and within the land of the plaintiff Dunn Brothers, Inc. Until, June 1970, the defendant built a fence and refused the plaintiffs to use the spur passage access to the parcel of
The word adverse possession is a term used in real esate to describe taking of land, and not paying for it.
eal estate is such a broad topic. This topic covers almost the whole world and every individual has concerns regarding this.
7. The Taylors bought an ocean front lot in Oregon. The next year, Staley bought an ocean front lot south of the Taylors and built a home on it. Over the years, Staley often expressed concern that when the Taylors built their house, they could block her view. They said they would not. When they began planning their home, they asked Staley to submit a letter in support of a setback variance they sought. She said she would as long as her view wasn’t blocked. They again told her it wouldn’t be blocked. When the house was built, it partially blocked her view. She sued for breach of an
The Plaintiff is claiming $35 million from the State of NSW, which is purported to be vicariously liable for the Land and Environment Court and Pain J [1]. This claim includes nullifying Pain J’s judgment [14], and it is accompanied by Motions to uphold Lloyd J’s dismissal and refund the Plaintiff’s filing fees [2].
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obtaining land for public use, but was to prevent harm to the public. The Court
The main legal issue to examine regarding this case deals with encroachment, which is simply defined as: A possessory right to the property of another that may be acquired by the passage of time. Crockett has well documented existence of the woodlot property dating back over 20 years and was not met with objection on the part of the Smith, who is the true owner. Due to the fact that the plantiff left the defendant undisturbed for over 20 years, he lost his right to dispute to object the encroachment. Smith would have had to make his objections known regarding Crockett’s occupancy in the log cabin, constructed on his wood lot, many years earlier if he wanted to maintain his right to object.
A small parcel of land, part of the original property belonging to the Yountville Veterans’ Home, remained on the east side of State Road 29. The Veteran’s Home expressed an interest in providing the deed to this parcel of land to the Town of Yountville as long as the land was for use by the community and not sold for profit. The Town desired to create a park that was welcoming and connected the entrances to the Town of Yountville and the Veterans’ Home because they were
In this case, Mr. Brandt had filed a lawsuit against the Federal Government for "the right-of-way crossing" his land had extinguished after the cessation of the railroad activity in the corridor. The Government had argued that this right was created by the Federal General Railroad Right-of-Way Act of 1875 and should be valid on the gounds that the railroad line was affirmed to be abandoned. While reviewing this case, it must be determined whether or not that the Government, under this Act, had retained an interest in the abandoned railroad right-of-way.
The key point of contention in this scenario is the quitclaim deed with which Julio Gazpacho attempted to convey ownership of the easement to his neighbors, Ruben and Regina Gomez, because contrary to popular public belief, quitclaim deeds have at best a tenuous legal status within the state of Texas. In this case, rather than utilize a proper warranty deed to legally transfer title of ownership to the easement, Mr. Gazpacho elected to use a quitclaim deed that Texan legal precedent has universally deemed to be invalid. According to the landmark decision made in Diversified, Inc. v. Hall, "a quitclaim deed conveys any title, interest, or claim of the grantor in the real property, but it does not profess that the title is valid nor does it contain any warranty or covenants of title. Thus, a quitclaim deed does not establish title in the person holding the deed, but merely passes whatever interest the grantor has in the property"Â Diversified, Inc. v. Hall, 23 S.W.3d 403 (Tex. App.- Houston [1st Dist.] 2000, pet. denied). The fact that the only claim to title on the easement held by Ruben and Regina Gomez is made through the fundamentally flawed legal device of the quitclaim deed is crucial to properly deciding this case.
The Plaintiffs, Garetsons, own a well in Haskell County, which they use for irrigation pursuant to a vested water right. The Defendant, American Warrior Inc. (AWI), owns two nearby wells with junior water appropriation rights. Garetsons sued AWI requesting an injunction to prevent AWI from pumping groundwater. The District Court found that AWI’s wells were causing significant impairment and drawdown of the Garetsons’ water rights. As a result, tThe District Court granted an
1) Opie cannot claim possession because North Carolina statutes state that in a joint tenancy with right of survivorship, the land is automatically transferred to the other or in this case, the last living joint tenant. This supersedes any conveyance made in the will. Additionally, Opie did not occupy the land. Ernest did. In order for there to be a claim for adverse possession, there must be an adherence to the conditions in the adverse possession doctrine.
It is often conceptualized that property is the rights of 'ownership'. In common law property is divided
Private property is a piece of land, a home, or a car owned by one person or
According to Essayas Derbie (2012) Real Property is defined as any tangible or intangible entity that is owned by individuals or group of people as well as legal entity. Depending on the nature of the real property an owner of property has the right to use, sell, rent, mortgage, transfer, exchange , destroy or to exclude others .In the day today discussion, the term real property refers to things or objects such as a house, a land etc. Real Property also includes all lands, buildings, fixtures, improvements, improvements on leased land. Moreover, it also includes mines, minerals, quarries, mineral springs and wells, oil and gas wells, overriding royalty interests, and production payments with respect to leases. Lastly, all real property includes all privileges pertaining to the real property.