Introduction.Our Case Study Opens Painting A Picture Of

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Introduction Our case study opens painting a picture of a law enforcement officer that has decided to retire after many years of service as a deputy in a small town in North Carolina and a detective in Raleigh. Martin, our law enforcement officer appears to be less than adequate in his occupation, however, he has been able to save his earnings and invested his money wisely in prime North Carolina mountain real estate and a second home on coastal property in North Carolina. After many years of working Martin just wants to enjoy the fruits of his labor, but obstacles have arisen that has prevented him from reaping the benefits of his real estate and loss of his prize possessions. Martin has sought my legal advice as his attorney and …show more content…

Nonetheless, joint tenancy is particularly beneficial when property is transferred from one party to another mainly in families to escape probate and expensive legal fees (Conway, 2008). Albeit, Peter should have consulted with his co-owners to enter a unilateral severance of the joint tenancy with rights of survivorship agreement and subsequently formed a tenancy in common giving him the rights to will his portion to Andrew. Therefore, I would advise Martin that the survivorship agreement is still intact, making him the last surviving tenant, however, Andrew’s portion that was bequeathed to him by his father would be void in my opinion and therefore, the foreclosure should be argued based on Peter was not a legal owner (Conway,2008). Additionally, Martin mentions that he has not been to the property in 20 years, and when he decided to drive up to the mountain to enjoy some fly-fishing a bullet whizzed past his heads, when he approached the property. Otis quickly told him to get off his property that he has lived on for 20 years, even though Martin informed him that the property belonged to him and he has the deed. Once again, I share with Martin, that Otis believes that he is the rightful owner of the property through adverse possession because he has lived on the land for 20 years openly and notorious (Kubasek et al.,2016). Furthermore, I explained to Martin that under North Carolina case law that an adverse possessor can claim

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