Case Study 2 Busi561

Mountain Property-

Mr. Martin, in assessing your first claim with your mountain property, I am aware that you own an interest in some prime real estate in the North Carolina Mountains.  You purchased this mountain property 31 years ago as joint tenants with a right of survivorship with your friends Peter, John, and Thomas.  You have informed me that all of your friends have passed away, and you have not been back to the property in more than 20 years.  It has also been brought to my attention that Mr. Peter had indicated in his will that he was leaving his interest in the property to his son Andrew.  Consequently, Andrew took out a personal loan a few years back and used his purported interest in the property as collateral.  You were informed that Andrew defaulted on the loan last month; the lender initiated a legal action to foreclose on the property.

Mr. Martin, joint tenancy is a type of shared ownership of property, where each owner has an undivided interest in the property (Legal Information Institute, n.d.).  This type of ownership creates a right of survivorship, which means that when one owner dies, the other owners absorb the deceased owner’s interest (Legal Information Institute, n.d.).  A person’s will (or trust) will have no effect on joint tenancy assets (North Carolina Estate Planning Firm, 2015).  The right of survivorship is a legal right that takes precedence over other claims upon the property (US Legal, 2015).  Fortunately, you own interest in some prime real estate in the North Carolina Mountains with a right of survivorship between the four of you.  According to North Carolina General Statue, if there are two or more co-owners with right of survivorship and it is established by clear and convincing evidence that at least one of them survived the other or others by at least 120 hours, then, unless the governing instrument provides otherwise, the pro rata interest or interests of the deceased owner or owners who are not established by clear and convincing evidence to have survived by at least 120 hours passes to (i) the remaining owner if only one or (ii) if more than one, then to those remaining owners according to the pro rata interest of each (NC G.S. section 28A-24-3).  Therefore, since all three of your friends passed away you have legal rights to the interest of Peter, John, and Thomas.  Also, your ownership will override any charges and or claims brought against your property.  Specifically, the foreclosure that was initiated on your property due to the defaulted loan should be overridden.  I advise you take your claim to court because I believe you will be very successful in obtaining what you have legal rights to.

Mr. Martin, I also looked into your claim with Mr. Otis.  You informed me that when you went to visit your property, you noticed a little cabin in the center of the land since the last time you’ve been there which was over 20 years ago.  You informed me that the cabin belonged to Mr. Otis, who informed you that he has been living on the property openly and notoriously for 20 some years and it is now his property as far as he is concerned.  Unfortunately, Mr. Otis is correct, this is considered adverse possession.  Adverse possession is a doctrine under which a person in possession of land owned by someone else may acquire valid title to it, as long as certain common law requirements are met, and the adverse possessor is in possession for a sufficient period of time, as defined by a statute of limitations (Legal Information Institute, n.d.).  Mr. Martin, if you would have visited your property more often, you would have had more power in requesting Mr. Otis’s cabin to be removed from you land.  

According to North Carolina General Statute, no action for the recovery or possession of real property, or the issues and profits thereof, shall be maintained when the person in possession thereof, or defendant in the action, or those under whom he claims, has possessed the property under known and visible lines and boundaries adversely to all other persons for 20 years; and such possession so held gives a title in fee to the possessor, in such property, against all persons not under disability (NC G.S. section 1-40, 2015).  Therefore, in this case, Mr. Otis has every legal right to have his cabin on your land since he has occupied that land for over 20 years without anyone saying anything to him.  You could take this claim to court but they will tell you the same thing, they will inform you that Mr. Otis has every right to have his cabin on the land.  Mr. Martin, with all that has been going on with your joint property, I would suggest you go to God and ask him to lead you in the right direction.  You can look at this in a positive way, as you helping someone else, giving a gift to someone.  Give and you will receive. Your gift will return to you in full pressed down, shaken together and make room for more, running over, and poured into your lap.  The amount you give will determine the amount you get back (Luke 6:38, New Living Translation).   God knows what is best for us and makes sure we are taken care of.  Allowing Mr. Otis to stay on your property is the godly thing to do since he has the legal right to be there.  Know that God has something in store for you.  This situation will work out for the best.    

Coastal Property-

Mr. Martin, in assessing your claim on the seizure of your property, I understand that when you pulled into the driveway of your beach house, there was a bright orange envelope attached to your front door.  The letter was from the city authorities saying that your property was being taken by eminent domain in order to make way for the new resort.  There was also a letter attached talking about all the new businesses and jobs the resort would bring to the community.  Let me inform you that eminent domain is the constitutional right of the government to take privately owned real property for a public purpose in exchange for just compensation to the owner (Kubasek, Brennan, & Browne, 2015, p.359).  The use can be for a community of people or residents of an area alone (US Legal, 2014).  Please note that the state authorities make it clear that this resort will bring on more businesses and jobs to the community.  

From a legal perspective I am sorry to inform you that according to the North Carolina General Statue, local public condemnors, for the public use or benefit, the governing body of each city or county shall possess the power of eminent domain and may acquire by purchase, gift, or condemnation any property, either inside or outside its boundaries for the purpose of but not limited to, establishing, extending, enlarging, or improving parks, playgrounds, and other recreational facilities (NC G.S. section 40A-3(b) (1), 2015).  The Tar Heel Family Resort is considered a recreational facility that will be used by the public.  Therefore, in your case, the city authorities have the legal right to take your property by eminent domain because it is for public use.  The good news is you will receive the full market value for your property in compensation.  Mr. Martin, I know you are upset about the city authorities seizing your property, but know that things happen for a reason. God has our back and will never let us down.  And this same God who takes care of me will supply all your needs from his glorious riches, which have been given to us in Christ Jesus (Philippians 4:19, New Living Translation).  I know God has something better in store for you so have faith and know that it could have been worse.  

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