Common use of RELEVANT FACTS Clause in Contracts

RELEVANT FACTS. The property in dispute includes two parcels of land in Lāʻie, Oʻahu; the first is referred to as Parcel 33 and the second is referenced by the parties as a piece of Kuleana land (collectively Property). ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ (▇▇▇▇▇▇▇) and ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ (Peni) (collectively, the Teisinas) acquired their interest in Parcel 33, on July 24, 1991, by quitclaim deed from ▇▇▇▇▇ ▇. ▇▇▇ for $25,000.1 The deed indicated that it conveyed “title, equity & [i]nterest to all 10,000 [s]quare ft.” within Parcel 33 (10,000-square-foot parcel). The quitclaim deed was recorded on March 17, 1997. According to a certificate of title submitted by ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ as Trustee under the ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Trust (▇▇▇▇▇▇▇), the Teisinas’ interest can be traced to ▇▇▇▇▇▇▇▇ ▇. Lua, who received an undivided ½ interest in ▇▇▇▇▇▇ 33 from his brother and shared his undivided ½ interest with ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇. In 1991, the Teisinas erected a house (a single-story structure consisting of three bedrooms, 1½ baths, and a living room) on the 10,000-square-foot parcel, where they raised their children and lived continuously until the partition sale of the Property in 2012. During the period in which they lived at their home, the Teisinas expanded the house into a 5,840-square- foot, two-story structure, consisting of eight bedrooms and 5½ 1 The $25,000 amount is stated in a declaration submitted by ▇▇▇▇. Attached to the declaration were copies of checks totaling approximately $11,000 issued by ▇▇▇▇ to ▇▇▇▇▇ ▇. ▇▇▇ from August 1991 to October 1992. ▇▇▇▇▇ ▇. ▇▇▇ averred in his affidavit, attached by ▇▇▇▇ to his declaration opposing ▇▇▇▇▇▇▇’▇ summary judgment motion, that he “obtained money for the sale of [the property] from [the] Teisina[s],” although he did not state the specific amount that he received. bathrooms, with plumbing, electric connection, and running water, so as to accommodate their children, including ten adopted children. In 2010, the house was valued at $393,200. In March 1997, ▇▇▇▇ conveyed 0.023 acres of his interest in the 10,000-square-foot parcel to Etuate and ▇▇▇▇▇▇▇ ▇▇ (collectively, the Fas) as tenants by the entirety by quitclaim deed. Also by quitclaim deed, recorded in April 1997, ▇▇▇▇ conveyed 0.012 acres of his interest in Parcel 33 to ▇▇▇▇ ▇.▇. ▇▇▇▇▇▇ (▇▇▇▇▇▇).