Case study-shingleton v state case

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Reference no: EM133036912

Shingleton v. State Case. IRAC for each one. Here is an example of an IRAC from a different case

Issue #1: What is summary judgment?

Rule: The court gave summary judgment since there was no dispute between the parties regarding facts; therefore, the court did not need to hear testimony regarding facts.

Analysis: Here, the court determined that summary judgment is warranted as to the interpretations of the term air rights as contained in the agreement. It involves the transfer of air space between the parties from one building to the next and the rights in the airspace, which is known as "air development rights."

Conclusion: Therefore, summary judgment is suitable because there is no factual dispute between parties. Instead, there are legal principles that were in dispute which a judge can apply.

  1. Is an easement property/ real property 
  2. What is a license?
  3. What is an easement?
  4. What is an easement in gross?
  5. What are a servant tenement and a burdened party?
  6. Can a burdened property actually be economically worth more despite being legally burdened? Yes- utilities, I give you driveway access and you drive Rolls Royce, which increases the value of my property in high-status neighborhood
  7. What is an easement appurtenant?
  8. What type of easement is presumed?
  9. What is a dominant tenement & a benefited party?
  10. How are easements created?
  11. What is the scope of an easement?
  12. Does the easement allow for Shingleton's friends and family to use the easement?
  13. How are easements terminated?

Reference no: EM133036912

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