What covenants would most courts infer were included

Reference no: EM133465258

Discussion Post

I. 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.

Question A. What is the term for the right of Roche citizens to walk across Shoepke's land on the trail?

Question B. What covenants would most courts infer were included in the warranty deed that Shoepke received when he bought his house?

Question C. Can Shoepke hold Slater financially responsible for the damage to the carpeting caused by Indalecio? Explain.

Question D. 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:

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.

II. 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.

Question A. Is the dome real property or personal property? Explain.

Question B. Is Denai's gift of land to Finney a gift causa mortis or a gift inter vivos?

Question C. 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?

Question D. 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.

Reference no: EM133465258

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