Re: Equitable interest defined - Posted by Brad Crouch
Posted by Brad Crouch on December 16, 1999 at 20:52:11:
> So now you are simply a conduit for words?
Do you really see me that way? Ouch!
> Next time it?s Bronchick talking and not you, . . .
Is that the perception? If so, I cannot let it continue. I am just a guy who has acumulated some specialized knowledge in certain areas. I try to post some of this when it is appropriate, and can save someone the time and or expense of “re-inventing this wheel”. I don’t post about things I know nothing about (unless it is a question), as I consider that irresponsible.
> you might indicate that by mentioning his name!
Jim, I post all the time about things I have learned. Some things I have even learned from you. I don’t always remember who the person is that I learned a particular thing from. You all get kind of “jumbled” together and sort of become one big teacher. When I remember who I learned a specific thing from, I usually say so.
When I wrote the words about a lease technically being an equitable interest, I didn’t remember who I had learned that from. Your disagreement on that point caused me to think about it a little more until I recalled whom I had heard teach that. After I knew who it was, I forwarded your message declaring your disagreement, to Bill Bronchick. The purpose of doing so was so that hopefully he could make a clarification, and maybe even cite some law. That would have simplified things a bit.
I wasn’t trying to “pass the buck”. I wrote those words and I own them. I believe this concept is located somewhere in one of his courses, too. I have begun re-reading everything he wrote, hoping that he explained the “why” of it all, and maybe some cites were even provided, that I could pass on. I will continue this research until this issue is resolved, one way or another. If it turns out that I was mistaken or that I misunderstood, I will own that, too.
> I look forward to Bronchick?s answer. I suppose it?s
> possible he could be wrong too!
Yes, I suppose he could be wrong . . . but do you make room for the possibility that he may be right?
Perhaps it’s not Bill that is wrong. Perhaps it’s me instead. However, until the issue is resolved, I am not ready to apologize.
By the way, can you give a hypothetical example of a case where a seller conveys anything (except a license or easement) that does not create an equitable interest?