Property Law Keyed to Cribbet
Neponsit Property Owners’ Ass’n v. Emigrant Industrial Sav. Bank
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- 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.
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- Brief Facts: A Synopsis of the Facts of the case.
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- 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:
Neposit Property Owners’ Association (Plaintiff) sought enforcement of a lien that arose under a covenant running with the land. The Plaintiff was an assignee of the covenantor, Neponsit Realty Company, who previously owned the land in question and made a large tract into a subdivision. When Neponsit Realty Company sold the land in question to the Defendant’s predecessor in 1917, the land was subject to a covenant which authorized an annual charge (in the form of a lien against the property) not to exceed $4.00 per lot 20 x 100 feet, and provided that the Plaintiff, as assignee of the Neponsit Realty Company could enforce the lien. The covenant was to run with the land as a real covenant and was to expire January 31, 1940. The money for the annual charge was to be for common maintenance in the subdivision. The Defendant bought the land in question at a judicial sale. The Plaintiff then sued Defendant to enforce and foreclose the lien arising under the covenant. In the lower co urt, the Plaintiff was granted a dismissal of the Defendant’s counterclaim and the Defendant appealed.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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