Property Final

Question 1

White v. Brown

Answer 1

Unclear will

Courts aim to understand the intent of the testator, but if ambiguous, courts will favor a construction which disposes of the entirety of the estate.

Question 2

Mahrenholz v. County Board of Trustees

Answer 2

A deed “for school purposes”, then rest of land to another party. Was it a fee simple determinable or fee simple subject to a condition precedent?

Fee simple determinable

Question 3

Davis v. Davis

Answer 3

Current owner has life estate and future owners (her kids) want to stop her from renting out the house.

Court: Deed language that creates an unreasonable restraint on alienation is void. A property owner should be able to convey property. Unlimited restraints are per se unreasonable.

Question 4

Baker v. Weedon

Answer 4

Older women with life estate wanted to sell -she needed money to live. Grandchildren with future interest didn’t want her to.

A court can order judicial sale if it is necessary for the preservation of all interest in the land or the prevention of waste.

Here - while plaintiff/life tenant would benefit from immediate relief of sale but it would cause great financial loss to the remaindermen, the court will not enforce the sale

Question 5

Harms v. Sprague

Answer 5

Brothers owned property in joint tenancy. One brother allowed a friend to use his JT as collateral for a mortgage.

A lien on a joint tenant’s interest will not sever the joint tenancy (under lien theory). When brother died - other brother got right of survivorship.

JDX Split! Lien/Title

Question 6

Folsom v. Rowell

Answer 6

Guy created life estate for disabled daughter and states whichever of his kids took care of her would get estate, and if not a kid then someone else.

It appears that he had a strong preference for his children to provide the care - and once one of them did, the only remainder interest of other children could vest.

Question 7

Riddle v. Harmon

Answer 7

Wife wanted to unilaterally terminate joint tenancy.

Court holds that one joint tenant may unilaterally sever the joint tenancy without the use of an intermediary device.

Question 8

Delfino v. Vealencis

Answer 8

One party wanted to grow residential, other did not. Moved for partition - one wanted partition in kind other wanted partition of sale

Courts favor partition in kind.

Will only grant partition in sale when (1) the physical attributes of the land are such that a partition in kind is impracticable or inequitable, and (2) the interests of the owners would be better promoted by a partition by sale.

Question 9

Spiller v. Mackereth

Answer 9

Parties jointly owned a building they had rented out as tenants in common. When it became vacant, one of them started using it and the other wanted rent.

In the absence an agreement to pay rent or an ouster, a cotenant in possession is not liable to his cotenants for the value of his use and occupation of the property.

Question 10

Swartzbaugh v. Sampson

Answer 10

Husband and wife were joint tenants - husband wanted to lease, wife objected.

One joint tenant, without consent, may convey or burden his share of the property.

Question 11

In re Marriage Graham

Answer 11

Couple divorcing - wife wants husbands MBA to be subject to marital property division.

Court holds that an educational degree is not encompassed in the concept of property, and therefore is not subject to equitable division.

Question 12

Sawada v. Endo

Question 13

Mahoney

Answer 13

Reimbursement theory: spouse can recoup half of the past investment that was made in someone’s career or degree.

Question 14

Obergefell v. Hodges

Answer 14

Same sex couple got married in legal state, went back to home state and one died - the state would not recognize marriage.

14th requires a state to license a marriage between two people of the same sex and to recognize a marriage from out of state.

Question 15

Holbrook v. Taylor

Answer 15

Holbrook owned a road and allowed Taylor to use it. A dispute arose between the parties and Holbrook built a steel cable across the road. Taylors claimed prescriptive easement and easement by estoppel.

No prescriptive easement. Yes - easement by estoppel. Defendant gave permission, plaintiff’s made improvements, defendant knew of improvements being made.

Question 16

Van Sandt v. Royster

Answer 16

One party owned a large tract of land which she divided and sold - they all connected to one sewer line. Van Sandt’s purchased a home and found a sewer line breach, they were not informed of the easement for the sewer line.

When the owner conveys the dominant tenement, the easement goes with it, so long as the easement is apparent, continuous, and necessary

Question 17

Brown v. Voss

Answer 17

Plaintiff has easement to cross one lot. They started using it for second lot.

Black letter law: You cannot extend an easement to another parcel, you cannot use it to get access, support, or get to another parcel.

Question 18

Othen v. Roiser

Answer 18

Owner of huge tract parceled it out. One owner built a levee to prevent water damage, which left one of the others, who was previously driving through the others land, unable to access public roads.

An easement by necessity is created when the owner of an estate conveys a portion of his land but needs to reserve for himself the use of part of the conveyed land.

Here - there was no easement by necessity, although no means to read public road - there was no other means for the past 40 years.

Question 19

Neponsit Prop Owners Ass’n v. Emigrant Bank

Answer 19

Lot conveyed to purchasers, contained an affirmative covenant that they will be subject to an annual charge to property owner’s association.

Here, the covenant may properly be said to touch and concern the land of the defendant and its burden should run with the land.

Question 20

Runyon v. Paley

Question 21

Sanborn v. McLean

Question 22

Shelley v. Kramer

Question 23

Western Land Co. v. Truskolaski

Question 24

Nahrstedt v. Lakeside Villages

Question 25

Morgan v. High Penn Oil

Question 26

Estancias v. Schultz

Question 27

Boomer v Atlantic Cement Co

Question 28

Spur Industries v. Dell E. Webb

Question 29

Euclid v. Ambler Realty

Question 30

Stoyanoff v. Berkeley

Question 31

Mt. Laurel

Question 32

City of Belle Terre v. Borass

Question 33

Buchanan v. Warley

Question 34

Monk v. Birmingham

Question 35

Kelo v. City of New London

Question 36

Loretto v. Teleprompter Manhattan

Question 37

Penn Coal v. Mahon

Question 38

Penn Central Trans v. NY

Question 39

Lucas v. SC Coastal Commission

Question 40

Murr v. Wisconsin

Question 41

Harper v. Paradise