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- Property Ownership. Madison owned a tract of land, but he was not sure that he had full title to the property. When Rafael expressed an interest in buying the land, Madison sold it to Rafael and executed a quitclaim deed. Rafael properly recorded the deed immediately. Several months later, Madison learned that he had had full title to the tract of land. He then sold the land to Linda by warranty deed. Linda knew of the earlier purchase by Rafael but took the deed anyway and later sued to have Rafael evicted from the land. Linda claimed that because she had a warranty deed, her title to the land was better than that conferred by RafaelĂ˘â‚¬â„˘s quitclaim deed. Will Linda succeed in claiming title to the land? Explain. (See Transfer of Ownership.)
- Adverse Possession. The McKeag family operated a marina on their lakefront property in Bolton, New York. For more than forty years, the McKeags used a section of property belonging to their neighbors, the Finleys, as a beach for the marinaĂ˘â‚¬â„˘s customers. The McKeags also stored a large float on the beach during the winter months, built their own retaining wall, and planted bushes and flowers there. The McKeags pre-vented others from using the property, including the Finleys. Nevertheless, the families always had a friendly relationship, and at one point a member of the Finley family gave the McKeags permission to continue using the beach. He also reminded them of his ownership several times, to which they said nothing. The McKeags also asked for permission to mow grass on the property and once apologized for leaving a jet ski there. Can the McKeags establish adverse possession over the statutory period of ten years? Why or why not? [McKeag v. Finley, 93 A.D.3d 925, 939 N.Y.S.2d 644 (3 Dept. 2012)] (See Transfer of Ownership.
- Eminent Domain. In the city of Tarrytown, New York, Citibank operated a branch that included a building and a parking lot with thirty-six spaces. Tarrytown leased twenty-one of the spaces from Citibank for use as public parking. When Citibank closed the branch and decided to sell the building, the public was denied access to the parking lot. After a public hearing, the city concluded that it should exercise its power of eminent domain to acquire the twenty-one spaces to provide public parking. Is this an appropriate use of the power of eminent domain? Suppose that Citibank opposes the plan and alternative sites are available. Should Tarrytown be required to acquire those sites instead of CitibankĂ˘â‚¬â„˘s property? In any event, what is TarrytownĂ˘â‚¬â„˘s next step? Explain. [Matter of Citibank, N.A. v. Village of Tarry-town, 149 A.D.3d 931, 52 N.Y.S.3d 398 (2 Dept. 2017)]