Archive for September, 2013

Judge Spence’s Orders in Two Interesting Recent Property Cases

September 17, 2013

The Honorable James Spence, Master In Equity in Lexington County, South Carolina, was kind enough to come down to Charleston from Lexington and give a special lecture to my Real Estate Transactions Class on some property cases that he had recently decided. One of them – that is particularly interesting – was a commercial easement that he has now been kind enough to share not only with the class itself but he has granted me permission to post on Equity is Swell Blog. It is very instructive and it highlights that when purchasing property one should always be very careful to read all the conveyances that are involved in the transaction, including all of the easements. It is attached to this link. I recommend it to you as a very interesting South Carolina Order, worth of reading and perhaps even re-reading.

The second case that Judge Spence was kind enough to share with me is a fascinating case about the interpretation of a South Carolina deed. At the very end of this very scholarly  opinion, you will note that he expressly quotes an equitable maxim in his analysis. I highly recommend this order. as well. As an interesting aside, the deed was drafted in February of 1945 with World War II still on-going. Although the deed was written in 1945, the case itself was not decided until 2012.

Although Property law really does take a long time sometimes to  decide, even so, this case is probably somewhat unusual as it normally does not take 67 years to make that particular type of decision.

Both of these cases highlight the interactions between property and equity and suggest that the practice of law really does present unusual challenges to lawyers and clients. It is a real pleasure to have the opportunity to have this Judge in the classroom and his opinions on this blog.

Thanks, your honor. Your work is especially appreciated.

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