Confirm favorite deletion?
Property Keyed to French
Sonoma Dev., Inc. v. Miller
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Alfred and Mary Schaer owned two lots, Lot 38 and Lot 39, in Alexandria, Virginia. In 1995, they sold Lot 38 to Girard and Lynn Miller (Plaintiffs). There was a house on Lot 38, and Lot 39 stood vacant. The northern wall of the house intruded onto Lot 39 by approximately one inch. The contract of sale included a provision that the Schaers would enter a restriction into the deed of Lot 39 prohibiting construction of any improvements within three feet of the Lot 38 house. On June 30, 1995, the Schaers executed three documents: a deed conveying Lot 38 to Plaintiffs, a “Declaration of Restriction” prohibiting any construction on Lot 39 within three feet of the Lot 38 house, and a “Declaration of Easement” allowing entry onto Lot 39 for the purpose of maintaining the Lot 38 house. The latter two documents mentioned the Schaers by name, but did not mention Plaintiffs. Both documents were recorded with the local court. In 1997, Sonoma Development, Inc. (Defendant) purchased Lot 39 from the Schaers. The deed specified that the property was subject to easements and restrictive covenants. Defendant soon built a house on Lot 39 within three feet of Plaintiffs’ house. Plaintiffs filed suit. The trial court held that there was a valid restrictive covenant on Lot 39, and ordered Defendant to remove all improvements within three feet of Plaintiffs’ house. Defendant appealed, claiming that there was no horizontal privity between Plaintiffs and the Schaers.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.