Lecture 6 Blaw 3312 -001
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This 3 page Class Notes was uploaded by loveena Cherukunnathu on Wednesday September 16, 2015. The Class Notes belongs to Blaw 3312 -001 at University of Texas at Arlington taught by John D Dowdy in Summer 2015. Since its upload, it has received 95 views. For similar materials see Law II in Business at University of Texas at Arlington.
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Date Created: 09/16/15
Lecture 6 91515 5 Adverse possession limitation title Actual possession open hostile continuous for the limitation period 10years in TX f trespasser wins he gets whatever the true owner had 0 He will get the life estate of the true owner for the period of time of life of the true owner Or if it was fee simple he will get that if remainder doesn t say anything Example case Wipes VS miller 0 Accidental Wipes owned this land with swimming pool yardetc and they accidently crossed the neighbors land Shonaces Shonaces sold land to Millers Millers found out that wipes were taking over some land Millers took it to court but court was on Wipes side limitation title Mediation Example 0 Dated back to 1976 That s how long it has been mended o Executer under the will retire and someone will take over 0 Dawdy took over looked at the land There was a fence inside the land was build more than 10yrs ago all the paper had to reflect that fence K Nonpossessory interests 1 Easements o 2 trace of land and easement benefits the dominant track from the Servient track 0 Increse Ecrese interest Driveway interest 0 Can be created by express Iand express reservation 0 Track of land A and B o B s land is landlocked no access to B s land unless it cuts A s land 0 B is going to have easement over A s land so B has access to his land 0 At 1 time A owned all the land At some point A sold that part to B so it will be a separate description will show the easement o In that small section A has all the rights but B has limited rights 0 Express reservation B can reserve that section to himself 0 Own of the easement right will have the right to do reasonable maintenance 0 Example If it rains they have the right to fix it o The owner of easement can t expand the easement over the reasoned purpose 0 Example If B wanted to run a pipeline under that land he can t o Easement in growth like a powerline easement o Easement runs with the land 2 Licenses 0 Enter in another s property with specified purpose and period of time usually short 0 Example deer hurt company you can own someone else s property for some time and hurt 0 Example Pay to use a space at a hotel 3 Profits 0 Right to remove something from someone else s property L Limitations on the rights of property owners 0 Fee Simple Absolute o If you buy a buy a piece of real estate the local municipality can restrict what you can do with the land 1 Eminent Domain 0 The right the government at whatever level has to acquire title to privately owned property as long as it is going to be put for public use and just compensation is paid for public use 0 Local school requires a land but use it for public schooling 0 5th amendment right 2 Zoning o If land is zoned for single family residence you can t have duplex home o If Commercial zoned can t have factory facility 3 Restrictive covenants Ch 51 Wills and Trusts II Wills Trusts and Estates A Wills 1 Requirements 1 Testdater person who signs the will has to have testamentary capacity 2 Will has to be in writing 3 Witnesses 4 Testamentary Capacity Contract law An adult with cognitive understanding Testamentary capacity a little more involved Heshe at the time it is signed understands the will in which heshe is getting and also the effect that they are doing Knows the general of their assets who the will is passing to sufficient memory to hold all of these things together and hold the relationship with the person signing Example Lady with 5 children When she sits down to sign the will she only names 3 of them in the will She might have a good reason for that but if the will is challenged then it will be a fact issue 0 There was a conversation that she had with some people about that time she signed the will The contestants had a recording conversation at the time the will was signed 0 Asked who are your children and she could only say 3 of them at the time she signed 0 One side says she didn t have the capacity to know who her children were Other side says she knew but she didn t consider them her cthren o The proponents will look for jury that doesn t care about getting involved in other people s problem who thinks that anyone can do what they wants Other people says no matter how much kids hurt me they are still my kids
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