Question
Legal Issues
Review the four scenarios in this Discussion Document. For each scenario, use the readings for this module, and the readings and the videos for the previous modules, to answer the questions provided and include a short explanation of the reason(s) for your answers. Please see attached document. This discussion is worth 10 points. This discussion addresses the following module learning outcomes: Identify the actions and inactions that qualify as waste. Identify the estates that can trigger a duty to avoid waste. Explain how the duty to avoid waste impacts the usage of present possessory interests. This assignment falls under Estates in Land / Present possessory interest & future interests.
Scenario 1
Landlord leases an apartment to Tenant for one year. After living there for one month, Tenant notices a leak under the kitchen sink. The lease contains no provisions addressing either Landlord’s right to inspect the apartment during the lease or repairs by Tenant. What obligations (if any) does Tenant have regarding the leak? Explain your answer.
Scenario 2
In her will, O left her mansion to A for life, remainder
to B. At the time of O’s death, the neighborhood
around the mansion was changing from residential to commercial uses. To
preserve the value of the land, A demolished the mansion and built an office
building. Does B have any claims against A? If so, who will prevail? Explain
your answer.
Scenario 3
In her will, O left her mansion to A for life, remainder
to B. At the time of O’s death, the neighborhood
around the mansion was changing from residential to commercial uses. To preserve
the mansion (and provide revenue for its upkeep), A
converted the mansion from a residence into office space. Does B have any
claims against A? If so, who will prevail? Explain your answer.
Scenario 4
A executed
a valid deed giving his house to B, reserving
a life estate to himself.
After recording the deed,
A stopped paying the county property taxes due on his house. After a few years
of non-payment, B learned that the county was preparing to sell the house at
auction to recover the unpaid taxes. Does B have any claims against A? If so,
who will prevail? Explain your answer.
Expert Solution
Scenario
1
Under
the law, tenants have an obligation to report possible defects, such as leaks
under the kitchen sink. Tenants are responsible for immediately notifying their
landlords about any defective conditions in the premises. Tenants are
accountable for maintaining and keeping their units hygienic and repairing any
damage they cause to the rented unit or premises (Dixon, 2021). Tenants cannot
incur liability for damages in the premises resulting from the ignorance of the
landlord to repair or even their failure to report on time. Landlords have a
legal obligation to keep rental premises in a state that satisfies basic
habitability, such as making sure that the property provides water and adequate
waterproofing.
Scenario
2
B has
no claim against A. Easement law provides that, A, as the legal owner of the
mansion, has decision-making rights over B’s land for the different purposes
linked with the beneficial enjoyment of the mansion. This law entails a liberty
in which the legal occupier of the land owns, as such, for the valuable
enjoyment of that property, to do and carry on pursuing something. According to
Dixon (2021), “to do” something encompasses the removal and appropriation of
the mansion.
Scenario 3B has a claim against A. the
easement law grants the easement holder liberty to utilize another person’s
land. The negative easement law permits the easement holder to stop the grantor
of the easement from conducting different activities on their land that is
legal for them to do so (Dixon, 2021), for instance, building a structure that
blocks a scenic view.
Scenario
4
B has
no claims against A regarding failure to pay up taxes. If the parties take the
matter to a court of law, A will triumph since, during the exchange process,
they were engaged in recording deeds. This concept entails that A has a proof
of deed of trust, which denotes the transfer of the land’s interests to a
mortgagee-lender by a mortgagor-borrower. If the borrower does not finish
paying up areas, the trustee has the legal right to sell the property and
satisfy the debt (Dixon, 2021).
References
Dixon, M. (2021). English land law. In Architect’s
Legal Handbook (pp. 33-44). Routledge.
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