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Poor Barney Case Study: Joint Ownership

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Poor Barney
Barney has finally decided to retire after many years in law enforcement, and Barney has done relatively well and setting himself up for a good retirement by participating in some early life real estate investments (Tailer, 2014, para.1).
Barney owns some property in the North Carolina mountains as well as property on North Carolina’s coast. Unfortunately, Barney has some issues that will need to be addressed both legally and spiritually while attempting to clean his rights in regards to his property. The main legal issues in this case study are eminent domain, adverse possession, joint tenancy, and good-faith purchases of value. Co-Ownership
Joint ownership of property occurs when more than one person holds entitlement of a property at the same time. …show more content…
Specifically, joint tenancy with rights survivorship is a type of co-ownership when one owner dies, the surviving owner or owners become the new owners the deceased share or title of property (Garber, 2014). This is important to Barney because the legal rights to his property were put in jeopardy by one of his co-owners Andy had left interest in a will to his son Opie. Opie took out a personal loan and used is presumed interest in the property as collateral. Opie then defaulted on the loan and the lender tried to foreclose on the land (Tailer, 2014, para.3). North Carolina house Bill 799 (2009) states If joint tenancy interests among three or more joint tenants holding property in joint tenancy with right of survivorship are held in unequal BAD START TO RETIREMENT 3shares, upon the death of one joint tenant, the share of the deceased joint tenant shall be divided among the surviving joint tenants according to their respective pro rata interest and not equally, unless the creating instrument provides

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