LAS 325 ASSIGNMENT WK 2
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School
Eastern Kentucky University *
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Course
325
Subject
Law
Date
Feb 20, 2024
Type
docx
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1
Uploaded by MegaWhale2637
You are a paralegal working with a law firm that is representing a purchaser of a parcel of real property. The purchaser desires to purchase 100 percent of the property and has entered into a contract with Samuel Seller. The title examination of the property reveals that Samuel Seller owns the property together with Susan Seller and Sarah Seller. Must both Susan Seller and Sarah Seller agree to sell the property together with Samuel? Explain your answer.
In the case of the purchaser wanting to buy the property owned by Samuel Seller, Susan Seller, and Sarah Seller, it depends on the ownership structure and the terms of the contract. If Samuel Seller is the sole owner of the property, then he can sell it without the consent of Susan Seller and Sarah Seller. However, if the property is owned jointly by all three individuals, then all of them would need to agree to sell the property. The terms of the contract and the ownership structure will determine whether both Susan Seller and Sarah Seller need to agree to the sale.
Identify and describe the three types of land description.
1. Metes and bounds: This method uses physical measurements and landmarks to describe the boundaries of a property. It typically starts at a known point and follows a specific direction and distance to define the boundaries.
2. Rectangular survey system: This method divides land into townships, ranges, and sections based on a grid system. Each section is typically one square mile and is further divided into smaller parcels.
3. Lot and block system: This method is commonly used in urban areas and involves dividing land into lots and blocks. Each lot is assigned a number, and the blocks are grouped together to form subdivisions.
Rebekah lives in a single-family subdivision.The subdivision has restrictive covenants that prohibit the operation of a business in the sub. division. Rebekah sells inflatable lawn creatures from her home and displays her inventory on her front lawn. Her next-door neighbor Clark sues Rebekah to enjoin or stop her from operating the business. Will Clark
be successful in stopping Rebekah from operating her business? Explain your answer.
Regarding Rebekah's situation, if the restrictive covenants in the single-family subdivision explicitly prohibit the operation of a business, Clark may have grounds to sue Rebekah to stop her from operating her business. The outcome will depend on the specific language and enforceability of the restrictive covenants. If the covenants are clear and enforceable, Clark may be successful in obtaining an injunction to stop Rebekah from operating her business. However, if the covenants are vague or not legally binding, Rebekah may be able to continue operating her business. The final decision will depend on the interpretation of the restrictive covenants and the applicable laws in the jurisdiction.
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