Response to T Latty Thread

Hello Barney,

This letter is a response to the recent legal issues you have encountered concerning your property.

As your lawyer, I would urge you to be strong and know that you will overcome every challenge. There is a saying that says that it is not over until it is over. I am using this personal saying to encourage you to keep calm and know that I will try my best to help you in these cases. Have trust in God that all we work out well, as scripture in the book of Proverbs 3: 5-6 says “Trust in the lord with all your heart and lean not on your own understanding; in all your ways acknowledge him, and he will make tour paths straight.”

In reviewing your incidents, I have identified various cases that we need to address. The first two cases involve your property at the mountains, the other case is on the property you own at the Carolina beach and the other one is on your stolen vehicle.

The fist case on the property you own in the mountains indicates that you bought the land on the basis of joint tenancy. I have identified that the three partners are dead.

You should note that under joint tenancy, all partners have equal shares and may sell their share without the consent of the owners.  Their interest can be attached by creditors. In case of death of a joint tenant, the interest is divided equally among the remaining joint owners (Kubasek et al, 2012).

It is therefore right to say that this land belongs to you only if your friends did not sell the land before they passed on.  However, you should not be excited about this because there is an issue involved in the second case regarding the same property.

There is this gentleman known as Ernest that claims he owned the property openly. He claimed that he has been on the land for 20 years. According to this claim, we could be in problems if he has truth about his claim. Acoording to the North Carolina Statute 1-40, Ernest may be considered the owner of the land. It states,

No action for the recovery or possession of real property, or the issues and profits thereof, shall be maintained when the person in possession thereof, or defendant in the action, or those under whom he claims, has possessed the property under known and visible lines and boundaries adversely to all other persons for 20 years; and such possession so held gives a title in fee to the possessor, in such property, against all persons not under disability. (North Carolina General Assembly – General Statutes C.C.P., s. 23; Code, s. 144; Rev., s. 384; C.S., s. 430.)

We believe that we can still win the case because you have the title deed.

In the case on Carolina beach where your property is situated, I identified that the town authorities want to own your property for development purposes.  It is likely that the town will use the eminent domain to defend their case.  According to Schultz (2010, p. 2) the eminent domain allow the government to acquire public property for the purpose of economic development.  This case is similar to that of Kelo v. City of London.

In the case of Kelo v. City of London, the Supreme Court ruled in favor of the defendant who was the city of London. The defendant presented a successful report that indicated that ownership of the private land would contribute greatly to economic growth and beneficial to the public (Schultz, 2010, p. 2). I am afraid that the court will also rule in favor of the town of Carolina beach.

The other case concerns a theft of a vehicle. It is necessary that you report and follow up with a police officer.  I believe we have a case here and you will get back your vehicle.  First, the vehicle is stolen and sold to a dealer who knowingly purchases the vehicle without caring about legal documents.  It is a crime to purchase a stolen property. According to Kubasek et al (2012, p. 382), receiving and possessing stolen property is a crime.  The buyer ought to have recorded the documents of the person selling the car. Through this, one is able to identify if the car has been registered twice. The owner of the car is considered to be the one whose title deed is registered first.  Barney, you are the legal owner of the car and we shall win this case.

Let us hope that you will possess back what is rightfully yours.