CL660 MODULE 14 DISCUSSION – URGENT LAW WRITING HELP

Module 14 Discussion Document

1. Developer purchases 60 wooded acres containing a 5-acre lake. Developer then subdivides the property into lots, recording a plat which names the property Lake Lawn Acres and states that the owners of three identified oversize lots (4, 9, and 15) may not build on a 15-foot wide strip of land on the east sides of their respective lots in order to provide access points to the lake for the other lot owners of Lake Lawn Acres. A buys lot 4 from Developer, and sometime later begins building a fence across the 15-foot wide strip of land on the east side of lot 4. B (the owner of lot 21) sues A, asking the court to order A to remove the partially constructed fence and to enjoin A from building a fence on the 15-foot wide strip of land on the east side of lot 4. What type of interest is B seeking to protect? Be specific and explain your answer.

2. A (the owner of Farmacre) leased part of Farmacre to Power for a period of 99 years, so that Power could build a wind turbine on A’s land. In the lease, Power and A agreed that A would not allow any trees to grow within 200 yards of the part of Farmacre leased to Power, and that the provisions of the lease would bind their respective successors. A recorded the lease. Shortly after Power completed construction of the wind turbine, A sold Farmacre to B who plans to operate a commercial orchard on Farmacre. When B began planting apple trees near the part of Farmacre leased by Power, Power sued for damages based on the lowered power generation capacity that would be caused by the impact of trees near the wind turbine. What type of interest is the basis for Power’s lawsuit? Be specific and explain your answer.

CL660 MODULE 14 DISCUSSION