One of the three legal issues Mr. Barney is facing includes the investment of mountain home that he owns with three of his friends as joint tenants with right of survivorship. A law states that “The interests of the grantees holding property in joint tenancy with right of survivorship shall be deemed to be equal unless otherwise specified in the conveyance” (North Carolina g.s. § 41-2). This explains that when someone is under a joint tenancy with the right of survivorship and during that period if one of the owner dies, the other joint tenants get that owner’s portion in the property regardless of the deceased owner’s will or the rule of interstate succession (Lewis, 2011). In Mr. Barney’s case, one of his friends, Andy dies and his will showed interest of the property which is owned with three friends to his son, Opie. According to the law explained above, Opie is not entitled to become an owner or the partner of this property and therefore, Mr. Barney is not legally liable for the defaulted loan nor can the bank foreclose the property.
As Barney’s attorney, I would like to advise him to locate the original deed and all other contract information that he and his friends had agreed on regarding the property to make sure that the agreement was defined as a joint tenancy with right of survivorship. This tenancy is not separable if the legal documents state that it is a joint tenancy; and since all of Barney’s friends on the tenancy have died, he becomes the only owner of this property (North Carolina g.s. § 41-2). Therefore, the bank would have no rights on foreclosing this property as Opie has no ownership to it. The second issue Barney is facing includes the loss of his beach house property at Carolina Beach due to the new construction project there by Nickelodeon Family resorts. Normally, prominent domain is a lawful right by the North Carolina government to take private property for public use. In Barney’s case, private condemners want to condemn his property to build a resort there.
According to the law, “For the public use or benefit, the persons or organizations listed below shall have the power of eminent domain and may acquire by purchase or condemnation property for the stated purposes and other works which are authorized by law” (North Carolina g.s. § 40A-3), Barney will have to allow them to take over his property, either by full compensation of his property to condemners or an easement. Being his attorney in this case, I would suggest Barney to ask for full market value of his beach house property. If for any reason Barney is not satisfied with the land value he gets from condemners, I would suggest him to appeal in court for the higher property value. After providing all the evidence of why the property value should be higher than what condemners are suggesting, the judge will decide the property value in court. If for any reason Barney is still not satisfied with the value, I can help him to appeal in Supreme Court.
The last legal issue Barney is facing includes his 1963 Ford Galaxies which is stolen by fake valet. Carl originally stole the car after he posed as a valet at a restaurant when he was actually fired from that place. He then traded the car to Mustang convertible in Kinston dealership. By the time Barney found leads to his car at dealership, the dealership had already sold the car to someone else. After three weeks later, Barney’s car was found from the Classic Car Show in Mount Olive, NC. The person, who is currently the owner of the car, wants that he should be reimbursed with $5,600 to return the car. As Barney’s attorney, I would file a case in court and send notice to the dealership to provide the evidence of how they agreed to trade in the car without any supporting documents that the car that is being sold is owned by the person who is trading. As per my knowledge, when you trade a car, a title or any other supporting documents are needed for dealership to own a car.
Another way is that we can file case against Carl for selling the property that is not his. According to the law, “Larceny of goods of the value of more than one thousand dollars ($1,000) is a Class H felony. The receiving or possessing of stolen goods of the value of more than one thousand dollars ($1,000) while knowing or having reasonable grounds to believe that the goods are stolen is a felony” (North Carolina g.s. § 14-72 subsection (b)), Carl is felony for stealing Barney’s property and selling it. As a spiritual perspective, I do not think Mr. Barney is doing anything wrong from taking a legal action. Morally speaking, he should fight for his rights and he could not be wrong as long as he follows the laws to obtain his properties back.
He should not have any problems recovering his mountain property since he has the deed which gives all the legal right to own the property. Secondly, he will not be able to retain his beach house property but he can try and get the highest property value by appealing in court and/or Supreme Court. At last, he also should not have any problem getting back his car. He has the car title and without his permission, no one is allowed to sale his car. Anyhow, he will be able to get his car back without any cost. Mr. Barney has many conflicts, but with all the legal help from an attorney, he should be able to resolve all and be able to get 2 of his properties back.
005 North Carolina Code § 41-2. (2005). 2005 North Carolina code – general statutes § 41-2. Survivorship in joint tenancy defined; proviso as to partnership. Justia.com. Retrieved from http://law.justia.com/codes/north-carolina/2005/chapter_41/gs_41-2.html North Carolina § 40A-3. (2006). § 40A-3. By whom right may be exercised. North Carolina General Assembly. Retrieved from http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_40A/GS_40A-3.html North Carolina § 40A-46. (1981). § 40A-46. Time for filing answer; failure to answer. North Carolina General Assembly. Retrieved from http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_40A/GS_40A-46.html North Carolina General Statutes § 40A-3 By whom right may be exercised. http://law.onecle.com/north-carolina/40a-eminent-domain/40a-3.html