Barney has certainly had it worse. His hope for a peaceful retirement is on the brink after a series of misfortunes have engulfed him. His years of dutiful saving and shrewd investment are about to go up in flames. However, the law may come to his aid in some of his predicament. I will attempt to answer these legal questions for him.
Firstly, for the mountain property purchased jointly with his friends, the right of survivorship clause means that, as the only survivor owners, the property passes to him in full. In this regard Andy’s indication in his will that he was leaving his interest in the property to his son Opie has no merit. Therefore, the bank cannot foreclose the property as it did not belong to the chargor. On the other hand, Ernest’s claim of adverse possession is valid if he can prove the fundamental elements. I think otherwise, because while the bank was mortgaging the property, he must have been made aware. The law also estops one from adversely acquiring such a property. Through a court process, Barney’s right may be upheld
Secondly, on the issue of his beloved 1963 Ford Galaxie, he is not likely to recover. The new owner on whose possession it was acquired it for good value and without knowledge of the fraud. Ideally the latter is protected by the law in the interest of commerce.
Thirdly, on his property by the beach, the state’s law on Eminent domain is clear that a public purpose may suffice in scenarios where there private owners business will contribute to social good. In that regard, relying in the holding in Kelo v New London, such an acquisition is justified for public purposes. He is only entitled to a just compensation.
Finally, as a religious man I would implore on him to diligently pursue justice through the legal channel to avoid altercations with people like Ernest.
References
Blum, B. A. (2010). Contracts: Examples and Explanations. Sydney: Aspen Law & Business.
Miller, R. L., & Jentz, G. A. (2007). Business Law Today:The Essentials. New York: Cengage Learning.
Miller, R. L., Jentz, G. A., & Cross, F. B. (2008). Business Law: Text and Cases. New York: Cengage Learning.
