Eastern Oregon University Wk 8 Property Law and Claims Questions

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I. Raymond and Sue have been dating for three years, and it is expected that they will marry soon. Raymond has leased a two bedroom house from Sue’s parents, and they have hinted that they will give the house to Sue and Raymond when they marry. Raymond spends many weekends fixing the house up and in July builds a large deck off the back of the house. Unfortunately, that month Sue meets and falls in love with Derek. In September Raymond’s lease runs out and Sue’s parents tell him he will have to move because Derek wants to rent the place. Raymond informs Sue’s parents that they owe him $1500 for the time and materials he spent building the deck. He tells them that if they don’t pay he will tear up the deck and take his lumber with him.
Identify and explain the three factors that a court will use to determine whether the deck is Raymond’s personal property, which he can take with him, or whether it is part of the real property that belongs to Sue’s parents? Explain your answer.
II. Dr. Harrington of La Grande, Oregon recently passed away after a long and rich life. Among the assets in his estate is a two-acre piece of property with a small cottage on it known as Fernwood, which the good doctor owned in fee simple. In his will Dr. Harrington made the following bequest, “Fernwood to my housekeeper, Mrs. Ida Wilkerson, for life, and then to the First Baptist Church of La Grande for so long as it is used as a youth ministry center.”
Identify the interests (estates in real property) created by Dr. Harrington’s bequest? Did Dr. Harrington’s heirs retain any interest in Fernwood?
III. Stephen Queen owns a three acre piece of property which adjoins his neighbor’s larger 380 acre plot of land. A small creek runs between the two pieces of property and has long been recognized as the boundary between the two pieces of property. Stephen is a bachelor and has 7 small dogs and 4 cats that keep him company. Over the years as his pets die, he buries them in a small fenced plot next to the creek. The burial plots have small headstones, and Stephen visits the pet cemetery every other month or two to weed and maintain the area. After 16 years all of Stephens pets have died and been buried in the pet cemetery. At this time, his neighbor, Gus Craven decides to develop a golf course on his property. A survey establishes that the boundary between the properties is not the creek. It shows that Gus Craven owns 230 feet of property along the creek on Stephen’s side of the creek. This property is incorporated into the plan for the golf course, and the pet cemetery is unintentionally designated as the spot for the thirteenth tee. Stephen is very upset and decides to take legal steps to block the proposed development on what he refers to as “his” side of the creek.
Identify the two legal claims Stephen may assert to the land on “his” side of the creek? Explain your answer by identifying and applying the elements of each claim.
IV. Misty Greenjeans decides to open a nursery business. She leases 6 acres of fertile level ground from Wilber Gentry. Her lease runs for tens years and during that time Misty develops the property by drilling a well and building three large greenhouses. Before the lease runs out she tries to renew it but Mr. Genrty refuses. He has retired from the teaching profession and decided he would like to own a small nursery business. A week before the lease expires, Misty informs Mr. Gentry that she plans to remove the pump from the well and have the greenhouses disassembled and removed from the property. Mr. Gentry tells her she does not have any right to do so and refuses to give her entry onto the property to remove the items.
Misty sues seeking a court order allowing her to enter the property and remove the pump and greenhouses. How should the court rule and why?


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