Unlock document.
This document is partially blurred.
Unlock all pages and 1 million more documents.
Get Access
1
Chapter 48
Real Property
VI. Answers to Critical Legal Thinking Cases
48.1 Recording Statute
No. Howard Savings Bank’s mortgage on the property was not properly recorded and indexed and
therefore did not give notice of its existence to subsequent parties. The fundamental purpose of the
Recording Act is to provide notice to subsequent parties in interest and the protection of purchasers and
encumbrancers of real property against undisclosed titles and liens. Mortgagors and lenders would
hesitate to be involved in commercial transactions where they could not be confident that a reasonable
search of the record would reveal prior interests or where they feared being held liable for a clerk’s
48.2 Reversion
The school board wins. A reversion is a right of possession that returns to the grantor after the expiration
48.3 Adverse Possession
predecessors in title of both the Naabs and the Nolans accepted the erection of the concrete garage
sometime before 1952. The record also indicated that when the Naabs’ predecessors built the garage, no
complaint was registered by the Nolans’ predecessors. Accordingly, because the owner of the burdened
premises is bound by the actions or inactions of his predecessors in title, the court held that the evidence
West Virginia)
2
VII. Answer to Ethics Case
48.4 Ethics Case
the old fence line gave the Garbers the 3 extra acres. The Garbers acquired the 3 acres through adverse
possession. All of the elements of adverse possession existed. Therefore, the Garbers have acquired the
land by adverse possession. The question of ethics in an adverse possession claim is sometimes difficult
to answer. The Garbers, who did not have a survey done and relied on the old fence line, end up acquiring
of Wyoming)
