LP4 Assignment: Who Owns Terra?
One day, a man named Pinto comes to your firm. He asks for help with the following situation:
Pinto’s uncle, Boone, owned Terra, a large majestic estate in the historic section of the city. Boone frequently told his favorite nephew, Pinto, that one day, “all this” would be his. Boone duly executed a general warranty deed in favor of Pinto. He did not record the deed, but kept it in his floor safe in his office at Terra, to which only he had the combination.
Boone subsequently ran into some financial problems and conveyed Terra to a buyer named Mandy via quitclaim deed. Upon Boone’s death, Pinto obtained the combination to the floor safe and discovered the deed transferring Terra to him, predating the transfer to Mandy.
Pinto has come to your firm to determine his rights to Terra and force Mandy to transfer it to him.
Draft a 1-2 page double-spaced APA Style memorandum for your firm’s partner, advising Pinto of his rights to possession of Terra. Consider the requirements for a valid deed, the rights conveyed by a quitclaim deed, and what rights, if any, are Pinto’s because of the warranty deed’s earlier date.
Please read all of Chapter 8 on Deeds. In particular, be sure to read all of the Quitclaim Deed paragraph. Quitclaim deeds can transfer ownership of real property, but without covenants or warranties of title
HINT: For the LP4 Assignment memo, focus on the requirements for a valid deed!
Please use in-text legal citations, not footnotes. Footnotes are only for law review articles. Please just make up a page number and I will correct it
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***Criteria*** |
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1. |
Memorandum discusses requirements for a valid deed. |
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2. |
Memorandum explains the rights conveyed by a quitclaim deed. |
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3. |
Memorandum explores what rights, if any, are conveyed by the earlier date of a general warranty deed. |
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4. |
Memorandum is clearly written, with few errors that impeded clarity. |
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5. |
Memorandum is 1-2 pages double-spaced, in APA Style. |
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