Real property means land and things permanently attached to the land such as houses, buildings and other structures. There are numerous federal and state laws affecting real estate transactions, and each state's laws contain significant differences. Specific real estate transactions include purchases, sales and leases, and contract law governs the sale of real estate.
While they were married, they purchased a condominium in Gatlinburg, Tennessee for vacation purposes. They purchased the condominium with marital funds and as tenants by the entirety. InMark and Anna divorced, but maintained a friendly relationship.
Since they both wanted to continue to have access to their condo in Gatlinburg, they had their lawyers insert the following clause into their divorce agreement: Anna, who still wants to continue to use the condo, will not give her consent on selling and cannon afford to buy him out.
Mark seeks an action to partition the property, stating that the clause that was placed in the divorce agreement is not enforceable because it is an invalid restraint on alienation.
There are two issues to address here.
The first one is whether or not the agreement Mark and Anna made is an invalid restraint on alienation. Once that issue is addressed, it can be determined if it is enforceable or if the action to partition should be granted. In Connie McGahey v.
James Wilson, Tenn. When they divorced, they entered into a property settlement agreement that included a provision that the parties agreed that the property could not be sold unless both parties gave consent. When Connie sought an action to partition fifteen years later, the special master that was appointed to the case by the trial court found that the agreement was unenforceable because it violated public policy.
Anna and Mark's case is much like McGahey v. Mark and Anna's settlement agreement, like McGahey and Wilson's, did not provide a reasonable time limitation for the restraint. It also did not provide any indication as to the parties' intentions for agreeing not to sell or partition the property.
To maintain the enforceability and rigour of the agreement not to sell or partition property, since there was no period of limitation expressed, there must be evidence of the reason for the restraint adequate enough to allow for the determination of a reasonable duration necessary to achieve such result.
There was no such evidence present here. Therefore, the agreement that was made between Mark and Anna is an invalid restraint on alienation. Mark and Anna purchased the condo as tenants by the entirety, which only exists between husband and wife and is terminated upon divorce.
Unless stated otherwise, it then becomes a tenancy in common. It has not been stated otherwise which means that Mark and Anna are now tenants in common.
Tenancy in common is defined as a tenancy between two or more individuals who may hold either equal or unequal shares, where each person has an equal right to possess the entire property, with no right of survivorship. Tennessee law states that any person that holds possession of an estate as a tenant in common, or otherwise, with other co-tenants is entitled to partition the property or sell the property for partition.
Code Ann Based on the McGahey v. Wilson case and the Tennessee Code, it is probable that the court would find the agreement made between Mark and Anna to be unenforceable.
Following that decision, it is also probable that the action to partition would be granted.Real Estate Law Order Description Below is my topic selection and the professor’s feedback, please feel free to approach it in whatever way works best.
I will attach further important information! It’s a 10 page research paper(not including cover and citation) but prior to . Property law is a set of legal rules that controls the use, enjoyment, and rental of property.
Many of the laws affecting property were established by English courts hundreds of years ago. Property law can be divided into three categories; personal property, real property, and intellectual property. The law essay below has been submitted to us by a student in order to help you with your studies.
Please ensure that you reference our essays correctly. Alternatively get in touch if you are looking for more tailored help. Real Estate Essay Words | 10 Pages.
REAL ESTATE MANAGEMENT: s AND BEYOND TABLE OF CONTENTS Introduction Expansion and Diversity Human Resources Management Conclusion References REAL ESTATE MANAGEMENT: s AND BEYOND BY Clark Jones INTRODUCTION The Journal of Property Management () reports that real estate has been freed up by certain laws .
Law Essay’s Features and Best Police officers Brutality Ideas One of the more tricky activities in creating is, perhaps, concentrating on authorized tasks. Any law newspaper needs in-degree familiarity with rules together with opportunity to resolve legal circumstance research projects. People searching for How to Become a Real Estate Attorney: Step-by-Step Career Guide found the following resources, articles, links, and information helpful.