Pocono Springs Civic Association_ Inc. v. MacKenzie

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Pocono Springs Civic Association, Inc. v. MacKenzie, Superior Court of PA, 1995 Does an intent to abandon a party relieve the owner from having to pay association fees on that property? Issue Reasoning
They have not relinquished their rights – they remain owners with a record the deed and perfect title.  Perfect title cannot be abandoned

Rule
Abandoned property:  owner has voluntarily relinquished o all rights, title, claim and possession  with the intention of terminating its ownership,  but o without vesting it in any other person; and o with the intention of not reclaiming further possession or resuming ownership, possession or enjoyment   possession is presumed to be in the party who has a record title doctrine of abandonment does not apply to perfect titles intent to abandon is irrelevant

Facts
The Mackenzies purchased vacant lot in 1969 and were required to pay association fees. Tried to sell the still vacant lot in 1987 – the got an offer but it was contingent upon property being suitable for an on lot sewage system, which it wasn’t and the sale was lost. When they found out that the slave was inadequate for proper percolation, they determined that the property was worthless and attempted to abandon:  Attempted to turn the lot over to Pocono; Pocono refused  Pocono refused to take the lot as a gift  They stopped paying real estate taxes. County tried to sell, but no buyers.  Two years later County tried to sell again; still no takers  They sent notarized statements to “all interested parties” expressing their desire to abandon  Do not accept mail regarding property  Have not visited nor utilized a lot for a longtime

Since it is not about the intent, and since they have perfect title, the wall leaves nothing for the jury to decide.



Held Procedure P argues D argues

affirmed judgment in the amount of $1,739.82 for Pocono - No abandonment they did not abandon – they are still obligated to pay the association fees We do not have perfect title; we have abandoned the property back to the sovereign. Nonuse, refusal to pay taxes, and offers to sell create abandonment, because of the displayed intent to abandon. Abandonment is a question of intent – should be left to the jury to determine


				
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