PLA 1610 Real Estate Law
PLA 1610 Real Estate & Property Law
1. Sarah Owen owned a house on Lake Nelson (located in Nelson, Florida); in 2002 she told Charles Mason he could live there. In 2018 Ms. Owen sold the house to Bart Barron; Mr. Mason was still living in Ms. Owen’s house. In Florida adverse possession requires that a person adversely possess the property (openly and notoriously) for at least seven years. Florida also requires that the person who is in possession of the property (in this question, Mr. Mason) have knowledge that possession is adverse. When Mr. Barron discovered Mr. Mason was living in the house, he sued him for trespass, although Mr. Mason alleges that he owns the house (and property) by adverse possession. Will Mr. Barron’s lawsuit be successful? Explain your answer. (10)
2. Explain the difference between zoning and eminent domain. (8)
3. Bill Jones and Carol Eaton entered into a contract in which they agreed that Mr. Jones would sell his house to Ms. Eaton. Eaton told Mr. Jones that she particularly loved the antique light fixtures in the living room and dining room. Mr. Jones inherited the light fixtures and did not intend for them to be included in the sale of the house. The contract did not mention any of the light fixtures. Will Mr. Jones be required to sell the antique light fixtures to Ms. Eaton? Explain your answer. (8)
4. Richard Small has three children: Mary, age 24; Martha, age 22; and Larry, age 20. Small recently created a deed (a document transferring ownership of real property), which stated, “I convey Blackacre (located in Fort Pierce, Florida) to my children equally.” Who are the owners of Blackacre and what type of ownership exists? Explain your answers.
5. Explain the difference between a fee simple determinable and a fee simple on condition subsequent. (8)
6. Laura owns two lots in Saint Lucie County: Lot A and Lot B. Lot A is located next to Highway 68 and Lot B is located on the other side of Lot A and has no access to Highway 68 or any other road. Laura sold Lot B to Rosie; the deed contained no reference to a driveway easement. Does Rosie have an easement? Explain your answer. (8)
7. Grantor conveyed Blackacre (located in Florida) “to Edward, Claude, and David as joint tenants with right of survivorship.” Edward sold his interest to Amy. Who are the owners of Blackacre and what type of ownership exists? Explain your answers. (8)
8. See the above question. After Edward sold his interest to Amy, David died, leaving his interest in Blackacre to his sister, Pat. Who are the owners of Blackacre and what type of ownership exists? Explain your answers. (10)
9. In a deed a legal description reads: “the South ½ of the Southeast ¼ of the Southwest ¼ of Section 8, Township 6 North, Range 3 West, of the Louisiana Principal Meridian.” What type of legal description is used to describe the property conveyed? (8)
10. Grantor conveyed property “to Ed so long as he uses it for a working farm.” What type of ownership does Ed have? Explain your answer. (8)
11. Gene transferred property “to Claude for Sue’s life, then to Bob.” What interest does Sue have in the property? What interest does Bob have in the property? (8)
12. Sam Robbins recently bought a house in the Beautiful Beach subdivision in Vero Beach; his deed contains a paragraph stating, “No persons under the age of fifty-five shall spend more than one week per year on the premises.” Robbins’ grandson, age 22, recently enrolled in IRSC’s paramedic program and wishes to live with Mr. Robbins. If Mr. Robbins lets his grandson live with him, is he in violation of the deed restriction (also known as a restrictive covenant)? Explain your answer. (8)