1. A well-known real estate expert, Sol M. Emus, received the following letter from an elderly widow:
Dear Sol:
I have just signed a contract to sell my house. No mention was made in the contract of fixtures, whatever they are. I am now preparing to move and would like to take with me: (1) my furnace and (2) if I cannot take the furnace, at least the burner from the furnace, which is not attached to the furnace and easily removable. These items mean a lot to me, as my fourth husband was cremated in the furnace. May I take these items with me? Why? Please answer in terms of traditional legal concepts, as I must explain this to my attorney, who is not very well trained.
Addy Coelumn
How would you answer Addy’s question? Why?
Further, if we assume that both the furnace and the burner are fixtures that cannot be removed, what type of document should be used to transfer them to the purchaser at the closing?
2. You are the supervisor for a large construction company. Your company is in the process of excavating a parcel of real estate in preparation for the construction of a large skyscraper. It now appears that your excavation might cause a loss of support in neighboring lots and buildings. In analyzing your potential legal liability, what are the key legal questions that must be answered?
3. Smith owned a two-acre parcel of real estate, on which was located a tavern. Jones, Smith’s neighbor to the east, owned an easement to use Smith’s driveway to gain access to a farm that Jones owned to the west of Smith’s property. Smith’s customers now park their cars on the driveway at night and Jones, who is disturbed by the lights and noise of the cars, sues Smith claiming that the customers cannot use the easement. Is Jones correct? Why?
4. Tinkers, Evers, and Chance purchased a tract of real estate as joint tenants. Evers sold his interest to Cobb and later Tinkers died leaving his interest by will to his only child Babe. Describe and explain the present ownership of the real estate, including the fractional interest of Cobb, Babe and Chance. Include in your answer clear explanations of joint tenancy and tenancy in common.
