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1. Provide an original post with your answers to the questions below and reply to at least two classmates. Do not upload a document. 2.

1. Provide an original post with your answers to the questions below and reply to at least two classmates. Do not upload a document.

2. Do not repeat the questions in your post, but do number your answers.

3. A complete answer post is several sentences in length, and will: (1) define and explain the correct legal terms, rules, and principles, (2) apply the legal rules and principles to the facts in the question, (3) state a conclusion, and (4) support the application and conclusion. See the rubric. If your answer is shorter than the question, this is a good clue that is it an insufficient legal answer. Working through the course materials to provide complete answers will also help you tremendously on the quizzes and final exam.

4. A complete reply post is several sentences in length and adds something to the discussion. It does not merely state whether you agree or disagree. Remember, two replies are required for each discussion.

5. Use all your own words! Properly cite words that are not yours.

Questions

1. Dominick and Daisy own neighboring properties in Shady Pines, near the ocean. Dominick is environmentally minded and has installed several small wind turbines to generate power for his DJ stand and lights. Dominick has an easement that prevent Daisy from building any structure higher than 20 twenty feet so that the wind is uninterrupted. Who has the dominant tenement? Who has the servient tenement? Why? Is this a negative or affirmative easement? How do you know?

2. Flora is a florist who owns a large section of fenced in property behind her shop where she cultivates several native flowers and some vegetables. Damien, a six-year-old, was playing on a sidewalk and noticed a gap in the fence and entered Floras garden. Seeing several raised flower beds, Damian walked along the edge of the beds like a tight rope walker. Damian lost his balance, fell off the flower bed and landed on the river rock path that Flora ran through her garden. Is Flora liable? Is this an attractive nuisance? Did Flora create an unreasonable risk? Why?

3. Xena and Zinc jointly owned a parcel of property. Xena sold her share of the property so Sola. Xena then died. Xena has a child, Eos, and Zinc has a child, Kirros. If the property was owned as joint tenants by Xena and Zinc, who now owns the property and why? If instead the property was owned as tenants in common, who now owns the property and why?

4. Kiara wants to buy a house in Dayton from Samson, the current homeowner. Kiara is a first-time homebuyer, but thinks the house is in good shape. Samson has told Kiara that he has kept the house in great condition and made improvements. Kiara wants to take as little risk as possible, and she trusts Samson. Samson has offered Kiara a quitclaim deed. What type of deed best protects Kiara's rights and why? Should Kiara accept the quitclaim deed? Why or why not?

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