Part 5- Property, Chapter 24: Real Property, Doc 1

Real Property Concepts and Ownership in the Purchase of a Home In this case, Joyce and John face a variety of legal considerations as they move forward with their home purchase. Here’s a breakdown of key issues: 1. Fixtures (Bunk Beds and Tiffany Lamp): o Legal Concept: Fixtures are items that were once personal property but have been attached to the home in a way that classifies them as part of the real property. o Application: The custom-built bunk beds and the Tiffany lamp may be considered fixtures because they are attached to or customized for the property. If the sellers intend to keep these items, this must be specified in the sale agreement to prevent any assumption that they are part of the sale. 2. Ownership Form (How Joyce and John Will Share Ownership): o Legal Concept: Married couples often own property as joint tenants or tenants by the entirety, both of which provide survivorship rights, meaning if one partner passes away, the other automatically inherits full ownership. o Application: Depending on the state and their preference, Joyce and John may select one of these forms for shared ownership, ensuring the property remains with the surviving spouse. 3. Purchase Steps: o Key Steps: The process includes making an offer, negotiating terms, conducting inspections, securing financing, and closing the sale. A title search and insurance are essential to verify and protect their ownership rights. o Application: They should verify that all fixtures and any agreed-upon appliances are specified in the purchase contract and ensure the property is free of any undisclosed liens. 4. Rights of Others (Neighbor’s Dumping in Ravine): o Legal Concept: Property easements or adverse possession may create rights for others on private property, though unauthorized dumping does not inherently grant rights. However, prior use could lead to potential disputes. o Application: Joyce and John can address this issue by informing the Fieldings of their intent to discontinue the dumping. If the Fieldings resist, legal steps may be needed to enforce property boundaries and stop any trespassing. 5. Liability for Injuries on Property: o Legal Concept: Homeowners are liable for injuries on their property, particularly for invitees (guests, clients) and licensees (those there with permission, like delivery people). Application: As Joyce plans to operate a day care, she may have additional liability and insurance needs to protect against claims should a child or parent get injured on the premises. 6. Legal Controls on Property Use: o Concepts: Zoning laws, homeowner association (HOA) rules, and building codes can control property usage. o Application: Joyce and John should confirm that running a day care from home complies with local zoning ordinances and any HOA rules in Greenwood. Non-compliance could lead to fines or restrictions on the use of their property. 7. Ethical Consideration (Fieldings’ Garden Waste Dumping): o Ethics: It is generally unethical for the Fieldings to use another’s property for waste disposal without permission. o Resolution: Joyce and John may start by discussing this with the Fieldings to ensure a respectful neighborhood relationship and clarify boundaries once they assume ownership. o Each of these elements involves complex legal and ethical considerations in property ownership, underscoring the need for clear terms in the purchase agreement and due diligence throughout the home-buying process.