Editing Property Dukeminier/Outline
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===Mechanics of AP – Tacking (p. 127)=== | ===Mechanics of AP – Tacking (p. 127)=== | ||
Howard v. Kunto (Wash. App. 1970)—The case where everyone’s beach house was on the wrong land. Kunto’s house was on a tract of land directly east of the land which was described in his deed. Everyone to the west of Kunto was in the same situation (deed described land directly west of the land where their house was sitting). All of the previous owner of Kunto’s house were under the same mistake of title. Kunto only occupied the house during the summer, and had only had title for a couple years. Howard had paper title to Kunto’s land, and wanted to convey half his land to someone else. Howard had a survey done, and figured out that everyone’s house was on the wrong land. Howard got the person with the deed to the land where Howard’s house was sitting to convey title to him, in exchange for Howard conveying title to land where Kunto’s house was to them. Kunto claimed rightful title to land where his house stood under adverse possession argument. Court found that Kunto’s occupancy during the summer months only was sufficient to show continuous possession because it was a summer beach house and therefore a true owner would likely have only occupied during those months. Court further held that, under privity of estate, it was okay for Kunto to tack on the occupancy of his immediate predecessor to show that he had occupied the land for the requisite time period because they were all operating under the same mistake. Judgment entered in favor of Kunto.Privity of Estate—Privity of estate clearly exists where A, who possesses for a period of time less than the statutory period, voluntarily transfers the property to B, who then possesses for a period that, together with that of A, exceeds the statutory period. | Howard v. Kunto (Wash. App. 1970)—The case where everyone’s mother fucking beach house was on the wrong land. Kunto’s house was on a tract of land directly east of the land which was described in his deed. Everyone to the west of Kunto was in the same situation (deed described land directly west of the land where their house was sitting). All of the previous owner of Kunto’s house were under the same mistake of title. Kunto only occupied the house during the summer, and had only had title for a couple years. Howard had paper title to Kunto’s land, and wanted to convey half his land to someone else. Howard had a survey done, and figured out that everyone’s house was on the wrong land. Howard got the person with the deed to the land where Howard’s house was sitting to convey title to him, in exchange for Howard conveying title to land where Kunto’s house was to them. Kunto claimed rightful title to land where his house stood under adverse possession argument. Court found that Kunto’s occupancy during the summer months only was sufficient to show continuous possession because it was a summer beach house and therefore a true owner would likely have only occupied during those months. Court further held that, under privity of estate, it was okay for Kunto to tack on the occupancy of his immediate predecessor to show that he had occupied the land for the requisite time period because they were all operating under the same mistake. Judgment entered in favor of Kunto.Privity of Estate—Privity of estate clearly exists where A, who possesses for a period of time less than the statutory period, voluntarily transfers the property to B, who then possesses for a period that, together with that of A, exceeds the statutory period. | ||
===Disabilities (p. 132)=== | ===Disabilities (p. 132)=== | ||