Part 5- Property, Chapter 24: Real Property, Doc 8

Key Legal Issues and Case Analyses in Real Property 1. Family and Zoning Laws: The courts have struck down restrictive zoning definitions of "family" that limit nontraditional family arrangements, as seen in cases where ordinances prevented grandmothers from living with grandchildren, deeming these as unconstitutional intrusions on personal freedom. However, zoning that restricts single-family residential zones to certain family types has been upheld when aiming to preserve neighborhood character, though challenges persist, especially under the Fair Housing Act. 2. Land Use Regulations as Takings: Increasing litigation involves property owners challenging zoning regulations that reduce property profitability, asserting that such restrictions amount to unconstitutional takings without just compensation. However, states generally retain wide discretion under police power for public benefit, unless regulations deny all economically beneficial property use. o Nollan v. California Coastal Commission: The Court found that requiring an easement as a condition for development permits can constitute a regulatory taking if it burdens the property excessively compared to the permit’s purpose. o Lucas v. South Carolina Coastal Commission: The Supreme Court ruled that regulations denying all economic use of property usually require compensation unless the use is already restricted by preexisting nuisance laws. 3. Ethics in Zoning for Social Services: Zoning ordinances excluding facilities like homeless shelters or group homes from single-family areas raise ethical concerns. These cases often balance community interests against the rights of vulnerable populations. Courts may intervene if exclusionary zoning is pretextual or discriminatory, as seen in City of Cleburne v. Cleburne Living Centers. Problem Cases in Real Property 1. Fixture Classification of a Greenhouse: Custer challenges an assessment increase on his property due to a greenhouse he considers temporary. Courts assess fixtures by the degree of permanence and owner intent. If the greenhouse is deemed removable, it may not be subject to property assessment. 2. Adverse Possession and Ownership Rights: In Green’s claim over her grandparents’ property based on longstanding possession and improvements, adverse possession laws will apply. Green’s likelihood of success depends on proving continuous, open, and hostile possession for the statutory period. 3. Easement by Prescription or Necessity: Aidinoff claims a right to a driveway on a neighbor's land for property access. Courts consider easements by prescription if there’s long, uninterrupted use, or by necessity if access is otherwise impossible. 4. Restrictive Covenants in Subdivisions: Worthington’s use of her property for supervised adult care may violate single-family residential restrictions. The enforceability of restrictive covenants often hinges on whether the use aligns with the area’s intended character and residential zoning. 5. Theater Seats as Fixtures: In the dispute over whether theater seats are fixtures, the court will consider the seats’ attachment to the property and their intended permanence. Generally, theater seats, especially those bolted down, may be classified as fixtures due to their integration with the building’s use. 6. Right to Remove Installed Furnace: Lois’s parents, who installed a new oil furnace in a rental property, may not have the right to remove it as a fixture at the lease’s end, given its integration and modification of the property, unless there was a specific agreement allowing removal. 7. Disclosure of Hazardous Waste Sites: In the Buzby Landfill case, developers failed to disclose proximity to a hazardous waste site to homebuyers. Real estate disclosure laws and ethical obligations often require developers to inform buyers of environmental risks, especially when those risks are known and could affect property safety. Each scenario illustrates different aspects of property law, balancing property rights with community interests, regulatory powers, and ethical considerations in land use and development.