LAW111 SCC Application Questions for Real Estate Questions

LAW 1101Business Law
Application Questions for Real Estate
Directions: Follow the instructions below to answer the
questions provided. You will then submit this file to the
dropbox included in the topic. MAKE SURE TO READ EACH
QUESTION ENTIRELY. The boxes will expand as you type, if needed.
1. Owen purchases a run-down campground just outside the city, with the intent to restore the
campground and to then make it available to urban schools and families who might not
otherwise have an opportunity to camp or to spend time in the country. Over the years he
creates strong ties with organizations such as Big Brothers Big Sisters, and YMCA youth
programs. As Owen prepares for his retirement, he has some serious talks with several
organizations about what should be done to keep the camp running in the same manner after
he retires. Eventually he announces that he will give the camp to the local Big Brothers Big
Sisters. Owen’s attorney has prepared papers setting forth the manner in which the camp
should be organized and managed. In the event Big Brothers Big Sisters is unwilling or unable to
run the camp as agreed, there are detailed provisions for the camp to be turned over to an
alternative organization, or to be handed over to the city as a park.
a. Simply state the type of freehold estate Owen has.
b. Simply state the type of freehold estate Big Brothers Big Sisters will be given.
2. Tort of Nuisance: It is not unusual for a home owner or a business owner to think that they
can do whatever they want on their own land. However, common law tort, statutes, agency
law, and constitutional law can alter the rights of a land owner or possessor. The tort of
nuisance has been used when a person loses the enjoyment of his or her land because the
owner or possessor of a different parcel of land creates excessive noise, pollutes another’s land,
or emits noxious fumes.
a. Find one article that discusses how one (or more) land owner believes his or her rights as a
land owner have been infringed upon by another land owner. Examples include:
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Noise pollution (gravel pits, airports), environment pollution (chemical use, fracking), or
noxious fumes (farms, chemical plants.) See search examples at the end of the
assignment.
Alleged abuse of riparian rights, gas lease rights or oil lease rights.
Alleged violation of equal rights caused by covenant restrictions.
Additional search examples are listed at the end of the assignment.
Provide the link to the article.
b. These are not insignificant problems. Summarize the article using details to clearly explain
the problem and/or conflict that has arisen between neighbors or businesses.
Consider finding a new example to use as the basis for an extra credit assignment.
Search examples: noxious odors and chicken farm – or pig farm, or dairy farm; manure
collection; hog industry and environmental racism; Agency for Toxic Substances and Disease
Registry (ATSDR) complaints; Environmental Protection Agency (EPA) and drifting pesticides;
dicamba (pesticide); fracking lawsuits; environmental nuisance law suits; excessive noise and
gravel pits; wind farm lawsuits; you can replace lawsuits with controversies or blogs.