University:
Indiana University Bloomington
Course:
Financial and Managerial Accounting: Information for Decisions - John J. Wild
Academic year:

2024
Views:

254

Pages:

2
Author:

bratrochanter

Legal and Zoning Issues in Real Property Cases 1. Definition of "Structure" in Historic Districts: In Hall’s case, he argues that his 80-foot-long, 6-ton sculpture placed in a historic district is not a “structure” subject to regulation since it lacks direct physical attachment to the ground. Courts typically interpret "structure" broadly in zoning and historic preservation cases, often including objects with permanence or substantial physical impact, even if not directly affixed. The Commission may successfully argue that the sculpture’s size and preparation (trench installation) make it a "structure" under its jurisdiction. 2. Ownership Rights Without Clear Intent: Michael Hoth added Nora’s name to his property deed “in case something happened” to him, intending only a survivorship benefit. Despite her name on the deed, Nora’s claim to half ownership may fail because Michael’s intent was likely a conditional gift upon his death, not a conveyance of current ownership. Courts may consider this as lacking the necessary intent for co-ownership. 3. Zoning and Adult Use Designation: Voyeur Dorm’s operation raises issues about whether its activities qualify as adult entertainment within a residential area. Tampa's zoning code broadly defines adult entertainment, potentially encompassing Voyeur Dorm’s live camera setup with sexual content. The city is likely correct, as the business appears to meet the criteria for adult use businesses, which are typically restricted from residential areas to preserve community standards. 4. Historic District Zoning and Large Sculptures: Hall’s case also raises questions about whether the historic district’s regulations apply to substantial, though potentially temporary, art installations. Courts will often assess the intent of historic district rules, which are usually meant to preserve visual and architectural integrity. The Commission may succeed in arguing that such an installation disrupts the historic character, regardless of its temporary status. Problem Cases in Real Property 1. Fixtures in Real Estate Listings: When identifying real estate fixtures, one would consider items permanently attached to the property, like built-in cabinetry, lighting, and landscaping features, as they are typically considered immovable and integral to the property’s function and value. 2. Deeds and Their Legal Implications: o Quitclaim Deed: Transfers any ownership interest the grantor has without warranties, often used between family members or to clear title. o o General Warranty Deed: Provides the grantee the most protection, guaranteeing the grantor has clear title to the property and will defend against claims. Special Warranty Deed: Limits the warranty to the grantor’s period of ownership, assuring that the grantor has not done anything to impair the title during their ownership.