BrainDump

Friday, May 26, 2006

From May 24th

Today I’m cataloging Property by Roger Bernhardt and Ann M. Burkhart. In addition to laws and regulations, it contains review questions for each chapter. Here are my favorite questions:
Nora’s property is adjacent to Owen’s. May she engage in the following activities?
T or F She may burn leaves in her back yard through the smoke interferes with Owen’s use and enjoyment of his land, but only if she first burned leaves before he built his house.

T or F She may rent part of Owen’s property, build a shed on it, and remove it at the end of her lease term, though it has been bolted to the ground.

T or F If Owen operates a feedlot that emits noxious odors and attracts large numbers of flies, Nora can bring a public nuisance action to enjoin his operation.

T or F If Owen deeds his land to Nora, she acquires title to the refrigerator and stove in his house on the land.

Favorite quote: (regarding question 3): “A nuisance is an unreasonable use of land that substantially interferes with the use and enjoyment of another’s land. The most common kinds of nuisance are activities that subject neighbors to dust, pollutants, noise, vibration, or insects or that affront their sensibilities, such as brothels or funeral parlors.”

(By the way, the strangest question to me, #4, is False. With the deed, Nora only owns realty and fixtures—something attached or adapted to the property, like plumbing and wall-to-wall carpeting. Appliances, unless specially made to fit the house where it was installed, counts as personalty, not realty.)

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