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Property
Property Law
149
Law
Graduate
02/02/2006
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Term
Finding
 Definition
The title of the finder is as good against the whole world but the true owner.
Consider the relative nature of property rights.
Term
Finding
 Definition
The title of the finder is as good against the whole world but the true owner
Term
F1 finds a watch, loses it, and it is subsequently found by F2. F1 sues F2 for the return of the watch. Who wins?
 Definition
F1 wins, but if F1 was sued by the original owner of the watch, F1 would lose.
Prior possessor prevails over a subsequent posessor in cases involving land as well as cases involving personal property.
Term
Trover
 Definition
Armory v. Delamirie
A common law action for money damages resulting from the defendant's conversion to his own use the use of a chattel owned or possesby the P. The P waives his right to obtain the return of the chattel and insists that the defendant be subjected to the forced purchase of the chattel from him.
Term
Prior Possessors (Stealing)
 Definition
The prior possession rule even applies if F steals the item from the previous owner. If F steals the ring from O, then loses it and G finds it. F can sue G for the ring back. O's rights are still superior to everyone else's.
Term
Action of Replevin
 Definition
A lawsuit to obtain return of the goods, not damages.
Compare to trover.
Term
Replevin vs. Trover
 Definition
The courts are more reluctant to give the prior possessor of land, who has no title, permanent damages than put the prior possessor back into possession.
Term
Elements of Adverse Possession
 Definition
1. Actual entry onto and possession of the land
2. The possession must be open and notorious
3. The possession must be continuous for the statutory period
4. The possession must be adverse
Term
Adverse Possession: Hostile
 Definition
Majority view: Good faith or bad faith adverse possession does not matter - as long as it is adverse
Minority view: Possessor has to have no actual knowledge that his possession is adverse - must have a good faith belief that the property is his
Permission from the owner terminates hostility!
Term
Adverse Possession: Open and Notorious
 Definition
Actual notice – possessors have given owners notice

Actual knowledge – owners actually know and understand the situation

Constructive notice – “should have known” by the actions of the possessor
Term
Adverse Possession: Exclusive
 Definition
(Joint adverse possession is possible)
Does not have to be absolute, just behaviour that is like that of an owner Ex. Fences, no trespassing signs Compare to easements between neighbors.
Term
Adverse Possession: Continuous
 Definition
Possessor must maintain possession for the statutorily required period of time. The key here is that the property be used in a customary manner.
Ex. Farmer farms land without living on it - could probably claim adverse possession
Term
Tacking
 Definition
Some courts will allow an adverse possessor to tack the time she is in possession onto that of her predecessor. There must be privity of estate between the two adverse possessors - mainly via documents but sometimes via a paral transfer (just physical transfer)
Term
Tacking: Privity
In 1991 A eners adversely upon Blackacre, owned by O. In 1998, B kicks A out threateningly. In 2001, who owns Blackacre?
 Definition
England: B - "Time runs against the true owner from the time when adverse possession began, and so long as adverse continues unbroken it makes no difference who continues it.
America: O - As long as the statutory period has not run and the land was not passed in privity, O the true owner can win against both A and B.
Term
A begins adverse possession in 1991. A leaves in 1998 under a threat of force but comes back six months later and recovers possession. If O does nothing, will A own Blackacre 10 years from 1991, 10 years and six months from 1991, or in 2008?
 Definition
Forcing someone out is not privity under American common law - there must be some voluntary transfer of land.
A will probably gain adverse possession in 10 years and six months.
Term
Suppose A abandons Blackacre after possessing it from 1991 - 1998. B immediately gains posesssion. If O does nothing, will B own Blackacre in 2001?
 Definition
Yes
Term
In 1985, A enters adversely upon Blackacre, owned by O. In 1986, O dies, leaving a will that devises Blackacre to B for life, remainder to C. In 2001 B dies without ever having entered upon Blackacre. Who owns Blackacre?
 Definition
A owns Blackacre. Even though C never had a chance to enter the land, adverse possession still works against him.
Term
O, owner of Blackacre, dies in 1986 leaving a will that devises Blackacre to B for life, remainder to C. In 1987, A enters adversely upon the land. In 2001 B dies. Who owns Blackacre?
 Definition
This is an indefinite question. O split up the land before A entered upon the land. So can the remainderman sue the adverse possessor? C's argument is that C had no lawsuit to bring against A before B died.
Term
Adverse Possession: Government Landowners
 Definition
Under the common law, adverse possession does not run against the government - local, state, or federal
Term
Estate
 Definition
Each estate is defined by the length of time it may endure
Term
Estate: Fee Simple
 Definition
May endure forever
Term
Estate: Life Estate
 Definition
For the life of a person
Term
Estate: Term of Years
 Definition
For some period measured by the calendar
Term
How can O convey a fee simple?
 Definition
"To A and his heirs" or now just "To A"
Term
Heirs
 Definition
Persons who survive the decedent and are designated as intestate successors under the state’s statute of descent. No one is heir of the living and a a living person has no heirs.
Term
Heirs: Spouses
 Definition
At common law, spouse is not an heir.
Today all states designate the spouse some share of the decedent's land - depending on who else survives.
Term
Law of descent
 Definition
First issue, then if no issue, parents, then if no parents, collaterals
Term
Issue
 Definition
Descendants, per stirpes - if any child of the decedent dies before the decedent and has children, such child’s share goes to his or her children by right of representation
Term
Primogeniture
 Definition
Eldest son inherits the land. If there are no sons, eldest daughter inherits.
Term
Filius Nullius
 Definition
A child born out of wedlock could inherit form neither mother nor father at common law. Today, child born out of wedlock inherits from the mother and if the paternity is proven, the father.
Term
Adopted Children
 Definition
Not known in England until 1926. Adopted children inherit from their adoptive parents and sometimes their natural parents as well.
Term
Ancestors
 Definition
Parents can take as heirs if decedent leaves no issue
Term
Collaterals
 Definition
All persons related by blood who are neither descendants nor ancestors are collateral kin. Brothers, sisters, nephews, nieces, uncles, aunts, and cousins.
Term
Escheat
 Definition
If person dies intestate without heirs, person's property escheated to overlord in feudal times.
No such property escheats to the state where the property is located,
Term
"To A and his heirs"
 Definition
Creates a fee simple

Indicates that A is the grantee

"And his heirs" are words of limitation that show that A takes a fee simple

A's prospective heirs have no interest in the land during A's lifetime
Term
In 1600, O conveys Blackacre "to A for life, then to B forever." What kind of estates do A and B have? If A dies, then B dies, who owns Blackacre? Supposse the conveyance takes place in 2002?
 Definition
1600

A has a life estate

B has a life estate

2002

A has a life estate

B has a fee simple

Term
O conveys Greenacre "to A and her heirs." A's only child, B is a spendthrift and runs up large, unpaid bills. B's creditors can attach B's property to satisfy their claims. Does B haev an interest in Greenacre, reachable by B's creditors? Suppose A wishes
 Definition
No, B does not have an interest in the land while A is alive. A is free to do what he wants with the land. B's creditors probably cannot reach the land.
Term
O conveys Blackacre "to A for life, remainder to B and her heirs."B then dies intestate without heirs. A then dies. Who owns Blackacre?
 Definition
I don't know.
Term
O conveys Whiteacre "to A and the heirs of his body and if A dies without issue, to B and her heirs."
 Definition
A has a fee tail

B has a vested remainder in fee simple to become possessory on the expiration of the fee tail.
Term
O conveys Blackacre "to A and the heirs of his body."
 Definition
A has a fee tail

O has a reversion in fee simple to become possessory upon expiration of the fee tail
Term
O conveys Blackacre "to A and heirs of his body, and if A dies without issue, to B and her heirs." A then conveys by deed "to C and his heirs".
 Definition
A has a fee tail.

B has a vested remainder in fee simple.

The deed gives C a fee simple absolute, cutting off all rights in A's issue and B. C can now convey the fee simple back to A if A wants a fee simple.
Term
O conveys "to A for life so long as A remains unmarried."
 Definition
A has a life estate terminable upon marriage.

Defeasible life estate
Term
O conveys "to A for life, but if A does not use the land for agricultural purposes, O retains the right to reenter."
 Definition
Defeasible life estate

A has a life estate subject to a condition subsequent.
Term
O conveys "to A for life, but if B marries during A's life, to B."
 Definition
Defeasible life estate

A has a life estate subject to executory limitation
Term
Restraints on Alienation
 Definition
Disabling - grantee cannot transfer his interest

Forfeiture - if grantee attempts to transfer his interest, it is forfeited to another person

Promissory - grantee promises not to transfer interest (contracts remedies)
Term
Defeasible Fee
 Definition
Two types: Fee simple determinable & Fee simple subject to condition subsequent

An estate that may last forever or may come to an end upon the happening of an event in the future
Term
O conveys Blackacre to the Hartford School Board and its successors and assigns, so long as the premises are used for school purposes.
 Definition
This is a fee simple determinable. The fee simple may continue forever but if the land ceases to be used for school purposes, the fee simple will come to an end, or determine, and the fee simple will revert back to O the grantor.
Term
Fee Simple Determinable
 Definition
Ends automatically when a state event happens. Always accompanied by a future interest - the possibility of reverter.

Look for words like "so long as", "while", "only", "until", "during"
Term
O conveys Whiteacre to the Hartford School Board, its successors and assigns, but if the premises are not used for school purposes, the grantor has a right to re-enter and retake the premises.
 Definition
This is an example of a fee simple subject to condition subsequent. Unless and until entry is made, the fee simple continues. Note the difference between a fee simple determinable.
Term
Fee Simple Subject to Condition Subsequent
 Definition
A fee simple that does not automatically terminate but may be cut short or divested at the transferor's election when a state condition happens. Accompanied by a future interest known as a right of entry or power of termination.
Term
O conveys Blackacre to the Board of Education solely for the purpsoe of being used for the erection and maintenance of a public school.The Board errects a school. Thurty years later, the Board stops using Blackacre as a school.
 Definition
The board has a fee simple absolute, not a fee simple determination. The words in the quotation merel states the grantor's motive. The grantor has retained no rights in Blackacre.
Term
O conveys Blackacre to the Library Board so lond as used for library purposes.
 Definition
O retains a possibility of reverter which will automatically become possessory if and when the Library Board ceases to use Blackacre for library purposes.
Term
O conveys Blackacre to A but if liquor is ever sold on the premises, the grantor has a right to reenter the premises.
 Definition
A has a fee simple subject to condition subsequent. O has a right of entry.
Term
O conveys to A so long as intoxicating liquors are not sold on the premises, and if they are sold, O has a right to reenter. Fee simple determinable or fee simple subject to condition subsequent?
 Definition
Court may classify the language either way, but will probably choose a fee simple subject to condition subsequent because of a policy disfavoring automatic forfeiture or estates.
Term
O conveys to A for life so long as A remains unmarried.
 Definition
A has a life estate terminable upon marriage. This restraint on marriage might violate the rule against retratins on alienation. (Defeasible life estate)
Term
O conveys to A for life, but if A does not use the land for agricultural purposes, O retains the right to re-enter.
 Definition
A has a life estate subject to a condition subsequent. (Defeasible life estate)
Term
O conveys to A for life, but if B marries during A's life, to B.
 Definition
A has a life estate subject to executory limitation. (Defeasible life estate)
Term
To my wife, W, so long as she remains unmarried.Fee simple determinable or a life estate determinable (on the theory that the condition - marriage - could only happen during W's life)?
 Definition
Majority view: A fee simple determinable is created, even though the fee simple cannot be forfeited after W's death.
Term
To my wife, W, to be used as she shall see fit, for he maintenance and support. Does this give W a fee simple or a life estate with the power to consume the principal?
 Definition
Majority view: A fee simple is created; the words for her maintenance and support merely state the reason for the gift.
Term
Leasehold Estates
 Definition
Nonfreehold posessory estates
Term
O conveys Blackacre to A for life.
 Definition
O has a reversion in fee simple that is certain to become possessory. At A's death either O or O's successor in interest will be entitlted to possession.
Term
O conveys Whiteacre to A for life then to B and her heis if B survives A.
 Definition
O has a reversion in fee simple thtat is not certain to become posssessory. If B dies before A, O will be entitled to possession at A's death. If A deis before B, O's reversion is divested at A's death and will never become possessory.
Term
To A for life then to B.
 Definition
B has a remainder. B can sell his remainder.
Term
To A for life, then to A's eldest son.
 Definition
O has given everything away.

A has a life estate.

A's son has a remainder fee simple.

What if A doesn't have any children? O has given away a contingent remainder - law will only recognize it if A has an eldest son.
Term
To A for life, then to B, if B marries C.
 Definition
A has a life estate.

B has a contingent remainder.

O has a reversion - at the end of A's life estate if B hasn't married C. O has a reversion forever if B never marries C. O can get the gift back at the end of A's life, then give it to B once B marries C.WHen it is no longer waiting until the end of A's life estate, B's interest cuts short O's reversion interest - an executory interest.
Term
To A for life, then to B and her heirs, then if B does not survive A, to C and her heirs.
 Definition
O starts with a fee simple.

A has a life estate.

B has a remainder - vested remainder subject to divestment.

If B gets the land, B has it forever!

C initially has an executory interest - divests the preceding interest in this case.

If C gets the land, then O does not have a reversion.
Term
To A for life, then to B and her heirs if B survives A, then if B does not survive A, to C and her heirs.
 Definition
B has a contingent remainder. B's interest is a remainder in fee simple, contingent on a condition precedent.

C will only get this gift if B does not survive A. C has an alternative contingent remainder.

O keeps a reversion.

Term
e. O conveys Blackacre to A for life, then to B if B gives A a proper funeral. Does B have a remainder or an executory interest? If it is an executory interest, whose interest will be divested if B gives A a proper funeral?
 Definition
B has an executory interest that cuts short A’s heir’s interest if B gives A a proper funeral
Term
O, A's father, might convey to A for life, then to A's eldest son and his heirs.
 Definition
If A has a son born thereafter, such son will take on A's death.

Buf if a son is not born, the land will revert to O.

Contingent remainder - difficult because it is unclear who will take the land upon A's death.
Term
O conveys to A for life then to the heirs of B. B is alive.
 Definition
The remainder is contingent because the heirs of B cannot be ascertained until B dies.
Term
O conveys to A for life, then to B and her heirs if B survives A.
 Definition
The language if B survives A subjects B's remainder to a condition precedent. B can only take possession if B survives A.
Term
O conveys to A for life, then to B and her heirs if B survives A, and if B does not survive A, to C and his heirs.
 Definition
The language "if B survives A" subjects B's remainder to the condition precedent of B surviving A and the language "And if B does not survive A" subjects C's remainder to the opposite condition precedent. Here were have alternative contingent remainders in B and C. If the remainder in B vests, the remainder in C cannot, and vice versa.
Term
O conveys to A for life, then to B and her heirs, but if B does not survive A, to C and his heirs.
 Definition
Vesting subject to divestment.

B does not have a contingent remainder.

B has a vested remainder in fee simple subject to divestment.

C has a shifting executory interest which can become possessory only be divesting B's remainder.
Term
O conveys to A for life then to A's children and their heirs. A has one Child, B.
 Definition
The remainder is vested in B subject to open to let in later born children. B's exact share cannot be known until A dies. If A has no child at the time of conveyance, the remainder is contingent because no taker is ascertained.
Term
Vested remainder subject to open or vested subject to partial divestment.
 Definition
A remainder created in a class of person (such as A's children) is vested if one member of the class is ascertained and there is no condition precedent. It is subject to open if later-born children are entitled to share in the gift.
Term
Vested remainder subject to divestment.
 Definition
A shifting interest in a transferee that can divest a vested remainder before it becomes possessory.
Term
Contingent Remainder
 Definition
A remainder is contingent if:

It is given to an unascertained person or

It is made contingent upon some event occurring other than the natural termination or preceding estates

Basically, the remainder is not now ready to become possessory upon the expiration of the preceding estate.
Term
Vested Remainder
 Definition
Vested if:

It is given to an ascertained person.

It is not subject to a condition precedent

L In other words, a remainder is vested if it is created in an ascertained person and is ready to become possessory whenever and however all preceding estates expire.
Term
Indefeasibly vested
 Definition
The remainder is certain of becoming possessory in the future and cannot be divested.
Term
O conveys to A for life then to B and her heirs.
 Definition
B has an indefeasibly vested remainder certain to become possessory upon termination of the life estate.

If B dies during A's life, on B's death, B's remainder will pass to B's devisees or heirs, but if B dies without a will or heirs, it will escheat to the state.

B or B's successor in interest is certain to take possession upon A's death.

B has a vested remainder in fee simple absolute.
Term
Fee simple subject to an executory limitation
 Definition
Fee simple that, upon the happening of a stated event, is automatically divested by an executory interest in the transfer.
Term
O conveys "to A and his heirs, but if A dies without issue surviving him, to B and her heirs."
 Definition
A has a possessory fee simple subject to an executory limitation (or subject to divestment by B's executory interest.)

B's future interest can become possessory only by divesting A.
Term
O conveys "to A for life, then to B and her heirs, but if B dies under the age of 21, to C and her heirs. B is 15.
 Definition
B has a vested remainder in fee simple subject to an eecutory limitation (or subject to divestment by C's executory interest if B dies under age 21.)
Term
O conveys to Hartford School Board, its successors and assigns, but if the premises are not used for school purposes during the next 20 years, to B and her heirs.”
 Definition
The School Board has a fee simple subject to an executory interest that will automatically divest the Board’s fee simple if the condition happens.

In this respect the executory interest differs from a right of entry in O which is option, but not automatic in divesting.
Term
O conveys "to Town Library Board so long as the premises are used for library purposes, then to Children's Hostpial."
 Definition
The Library Board has a determinable fee.

The Children's Hospital has an executory interest. See notes.
Term
From O to A for life, then to A's children and their heirs, but if at A's death A is not survived by any children of A, then to B and her heirs.
 Definition
A has a life estate.

A's children have a contingent remainder subject to divestment.

If A has children a year after this gift, A's children have a vested remainder subject to divestment.

B has an executory interest. It will divest if A's children die before A dies.
Term
From O, to A for life, then to such of A's children who survived A, but if none of A's children survive A, to B and her heirs.
 Definition
A has a life estate.

A's children and B have alternate contingent remainders.

Think of O's reversion. A renounces the life estate while staying alive. A's children now have a vested remainder in fee simple subject to divestment.
Term
From O to A for life then to B and her heirs, but if A is survived at A's death by any children of A, then to such surviving children and their heirs.
 Definition
A has a life estate.

B has a vested remainder.

A's children have an executory interest that cuts short B's interest.
Term
O conveys Blackacre to X in trust to pay the income to A for life, and then to pay the principal to A's children who survive A.
 Definition
X is given the express power to sell Blackacre. X has the legal fee simple in Blackacre.

A has an equitable life estate and is entitled to all income generated by the property.

A's children have an equitable contigent remainder.

O has an equitable reversion. (If none of A's children are alive upon A's death)

If X sells Blackacre for $200,000 and reinvests that money, the trust property includes the new investments.
Term
T devises property in trust "for my son A for life, then to A's children and their heirs, and if any child dies in the lifetime of A, such child's share shall go to his or her issue who survive A." At the time of T's death, A has one child B. Two years la
 Definition
hmm
Term
T devises property in trust "for my son A for life, then to A's children and their heirs, and if any child dies in the lifetime of A, such child's share shall go to his or her issue who survive A." At the time of T's death, A has two children B and C. The
 Definition
E and G?
Term
O conveys "to A for life, then to A's children for their lives, then to B and his heirs. A has no children. Is the conveyance valid?
 Definition
Rule Against Perpetuities. Yes. The remainder for life given to A's children will vest, if at all, at A's death. The remainder in fee simple in B is a vested remainder when created.
Term
The What-Might-Happen Test - Rule Against Perpetuities

In 2000, O conveys "to the first child of A who becomes a lawyer. A has a daughter D in law school. Is the gift valid?

 Definition
the gift is void. It is possible for the first child of A who becomes a lawyer to be a child not alive in 2000. This is what might happen. D may die before becoming a lawyer. Then A has another child H in 2002. In 2003, A dies. Some 25 years lafter, in 2028, H becomes a lawyer and claims the gift. But this is more than 21 years after A and D (the only relevant lives). The gift is void.
Term
Measuring/Validating Life:

To A for life, then to B's children whenever born. Who is the validating life and is the gift valid?

 Definition
Consider whether you can prove the remainder will necessarily vest within the life of A or of B. It will vest within the life of B, since B's children will all be in being when B dies. B is the validating life.
Term
Validating Lives:

"To A when A marries" or "to A's children"

Who is the validating life?

 Definition
A is the validating life because the contingency (marriage or birth of children) must happen, if at all, within A's life plus a period of gestation thereafter. Thus the fit will vest, if at all, within A's life.
Term
Validating Lives:

"To A's children who reach 21."

Who is the validating life?

 Definition
A is the validating life. Every child of A must necesarily reach 21 within 21 years of A's death plus a period of gestation. Thus the gift will vest, if at all, within 21 years after A's death.
Term
Validating Lives:

In the year 2000 T devises property "to A for life, then to A's children who reach 25. A has no children at T's death. Is the remainder valid?

 Definition
No, the remainder is void because you cannot prove that it will necessariy vest or fail within 21 years of A's death. Here is what might happen. In 2002, C is born to A. In 2003, A dies. In 2027, C reaches 25 and the remainder vests. Vesting has occurred more than 21 years after A's death. No one other than A is useful in making the proof required, because A is the only life in being who can affect vesting.
Term
Validating Lives:

Professor Seipp gives $1000 to be divided amon all members of his property class who are admitted to the bar. Is the gift valid?

 Definition
The gift is valid. The members of the property class are the validating lives. The gift must vest or fail within the lives of the members of the property class. It will be known at the death of the members - or even before - which members of the class are admitted to the bar.
Term
In the year 2000, O conveys "to A for life, then to A's children for their lives, then to A's grandchildren in fee simple." Are the gifts valid?
 Definition
The gift to A's children will vest, if at all, at A's death. It is valid.

Remainder to A's grandchildren is void. If A has a grandchild B alive at the time of conveyance, the remainder is vested in B subject to open and let in other grandchildren, but it is not vested under the RAP. The remainder is a class gift and will not vest until all takers are identified. They will not necesarily be identified at the death of A's children living in 2000. See Gilberts 131.
Term
Rule Against Perpetuities: The Fertile Octogenarian

T devises property "to Mary, and if Mary's line of descendenats ever runs out, to the dauthers then living of Elizabeth Jee (aged 80)." T is survived by Mary, Elizabeth, and four daughters of Elizab

 Definition
No. There is no relevant life by which they can provde the gift is valid. The gift will not necessarily vest or fail at Mary's death, because the condition precedent (the expiration of Mary's issue" will not necessarily happen at Mary's death. Mary may have an afterborn child who dies unmarried and without issue 50 years after Mary's death. Nor will the condition precedent happen at Elizabeth's death. The devise says to the Jee daughters "then living" which requires the takes to be alive when Mary's bloodline runs out and if they are not alive, the gift fails. The gift is void because it is to the Jee "daughters" including afterborn daughters. Elizabeth can have another daughter and this daughter may be alive when Mary's bloodline expires and may claim the gift. The gift thus may vest in the afterborn daughter more than 21 years after the death of Elizabeth, Mary, and the four living Jees daughters.
Term
Unborn widow: T devises property "to my son A for his life, then to my son's widow for her life, then to my son's issue who survive my son and his widow."
 Definition
The life estate in the son's widow is valid because it will necessarily vest or fail at the son's death. The remainder to the son's issue is void because it will not vest until the death of the son's widow, and she may be a person not now alive.
Term
Rule Against Perpetuities:

"To A for life, then to A's children for life, then to B."

 Definition
Valid. B's remainder is vested upon creation.
Term
Rule Against Perpetuities:

"To A for life, then to A's children for life, then to A's grandchildren."

 Definition
Invalid. A may have a child after the interest is created and so may have granchildren beyond the perpetuities period.
Term
Rule Against Perpetuities:

"To the School Board so long as it is used for the a school, then to the Red Cross."

 Definition
Valid. This falls within the charity-to-charity exception.
Term
Rule Against Perpetuities:

"To School Board so long as it is used for a school, then to A."

 Definition
Invalid. The interest may vest in A's heirs or devisees hundreds of years from now. A's interest is stricken. The School has a fee simple determinable. O has a possibility of reverter.
Term
Rule Against Perpetuities:

"To B for life, remainder to those of B's siblings who reach age 21."

 Definition
Valid. B's parents can be used as measuring lives.
Term
Rule Against Perpetuities:

"To B for life, then to such of B's children who become lawyers."

 Definition
Invalid. B may have a child bornw after the disposition who becomes a lawyer more than 21 years after B's death.
Term
Rule Against Perpetuities:

"To A for life, then to his wife, W, for life, then to A's surviving children."

 Definition
Valid. No unborn widow problems because the gift is to W, a life in being.
Term
Rule Against Perpetuities:

"To A for life, then to his widow for life, then to A's surviving descendants."

 Definition
Invalid. Unborn widow problem.
Term
Rule Against Perpetuities:

"To X for life, then to M's children for their lives, then to M's grandchildren." M is 80 years old and has had a hysterectomny.

 Definition
Invalid. Fertile octogenarian problem.
Term
Rule Against Perpetuities:

"To X for life, then to Y, but if at her death Y is not survived by children, then to Z."

 Definition
Valid. Y is the measuring life.
Term
Rule Against Perpetuities:

"The residue of my estate to my descendants who are living when my estate is distributed."

 Definition
Invalid. Administrative contingency - the slothful executor problem.
Term
Unborn widow problem:

G conveys Blackacre "to A for life, then to A's widow for life, then to their children."

 Definition
Even if A is now married, his wife could die and he could marry someone who was not yet born at the time of conveyance. Thus, while the grant to A's widow is valid because it will vest immediately upon the death of A (a life in being), the grant to their children is void since the gift may not vest within 21 years of A's death. Thus G has a reversion.
Term
Rule Against Perpetuities: Gifts to Classes

O conveys to A for life, then to A's children who reach 25. A has a child, B, age 26, living at the time of the conveyance. Is the remainder valid?

 Definition
B has a vested remainder subject to open but not vested under the Rule against Perpetuities. At A's death, all the children will be ascertained but it is possible that one of A's afterborn children will not reach 21 within the perpetuities period.
Term
Rule Against Perpetuities:

O conveys "to A for life, then to A's widow, if any, for life, then to A's issue then living." Is the gift to A's issue valid?

 Definition
The gift to A's widow is valid. But the unborn widow problem makes the gift to A's issue invalid. (??)
Term
Situations when two or more persons have concurrent rights of present or future possession
 Definition
Co-ownership
Term
O conveys Blackacre to A, B, and C as joint tenants. Subsequently A conveys his interest to D. Then B dies intestate, leaving H as his heir. What is the state of the title?
 Definition
When A conveyed his interest to D, he unilaterally converted the joint tenancy into a tenancy in common. Thus when B died, his conveyance to H was valid.
Term
T devises Blackacre to A and B for their joint lives, remainder to the survivor. What interests are created by the devise?
 Definition
A and B have life estates - for the life of whoever dies first. The survivor has a contingent remainder. T might have a reversion if A and B die at the same time. (?)
Term
A, B, and C start out as joint tenants. A sells to D. What's the status now?
What happens if B dies?
 Definition
D is a tenant in common with B&C and B&C are joint tenants.

When B dies, B's part goes to C, who know has 2/3 of the land and 1/3 is left to D as a tenant in common.
Term
A, B, and C are joint tenants. A dies first, leaving a will giving A's part to D. What is the state of the ownership?
 Definition
B and C now own the land as joint tenants. D gets nothing. A joint tenant cannot leave a will because they have no surviving interest.
Term
A, B, and C are joint tenants. A murders B. What is the the state of ownership?
 Definition
Murder by one of the joint tenants severs the joint tenancy into a tenancy in common. Slayer's Rule. The murderer's share goes to the murdered. A is severed out of the joint tenancy.
Term
A, B, and C are joint tenants. They all die at the same time. What is the state of ownership?
 Definition
The property is distributed equally as if they survived.
Term
O dies, leaving a son S and a daughter D as her heirs. What rights do S & D have?
 Definition
S & D are tenants in common. D has the right to and does move into the house. Unless S objects, there is no problem with respect to the right to possession.
Term
A, B, and C are joint tenants. A conveys his share to B, a co-tenant rather than a third party. What is the state of ownership?
 Definition
B would hold 1/3 as a tenant in common and B and C would own 2/3 interest as joint tenants. If B died intestate, C would own 2/3 interests and B's heirs a 1/3 interest as tenants in common.
Term
Construing the terms of a lease:

L leases a farm to T for as long as T desires to stay on the land.

 Definition
The lease creates a determinable life estate in T, terminable at T's will or on his death.
Term
L rents to T for 10 years so long as used for a saw mill. What kind of leasehold is this?
 Definition
Ten year term of years determinable.
Term
O leases to A for the duration of the war. What kind of leasehold is this?
 Definition
A term of years. Though not exactly a term of years, most courts will construe it to be so because it most closely fits the parties' intentions. Neither party can unilaterally terminate the lease before the specified date.
Term
"L to T for one year, and at the end of such term, the lease shall continue in effect from month to month, unless on of the parites shall end this lease by notice in writing delivered at least one month prior to the end of the termin in which such notice
 Definition
T has an estate for one year (term of years), which at the expiration of the first year becomes an estate from period to period (month to month) which will continue as such until the requisite notice is given.
Term
No written agreement is mad. But T rents an apartment from June 1 and pays monthly rent. What kind of tenant is T?
 Definition
T is a tenant from month to month (periodic tenancy).
Term
Taking possession under an invalid lease:

If L leases Blackacre to T for 10 years at $500 per month, but for some reason the lease is unenforceable or void - due to lack of formalities under the STate of Frauds - but T nevertheless goes into possessi

 Definition
The mere entry into possession by T creates a tenancy at will. However, the payment of rent periodically converts the tenancy at will into a tenancy from period to period arising by operation of the law.
Term
L leases a house "to T for one year, with a proviso that L can terminate at any time." What kind of leasehold is this?
 Definition
This creates a determinable term of years, terminable at the will of L.
Term
L leases land "to T from year to year for use as storage space. T has the righ to terminate the lease at any time." What powers does each party have?
 Definition
L can terminate the lease only in accordance with law respecing periodic tenancyies. T can terminate at any time.
Term
L leases land to T "for and during the pleasures of the landlord." What kind of leasehold is this?
 Definition
Most courts will imply that both parties have the power to terminate the tenancy at will. L and T can terminate at any time.
Term
L leases the land to T "for as many years as T desires" at a yearly rent of $300. What kind of leasehold is created?
 Definition
Many courts will say this creates a tenancy at will and L can also terminate at any time. But see Garner v. Gerrish.
Term
L leases land to T so long as T should wish. What kind of leasehold is created?
 Definition
Some courts will hold that this creates a life estate in T, determinable on his death or prior relinquishment of possession. But some courts will say that this kind of gift implies that both parties have the power to terminate (tenancy at will).
Term
O inserts an advertisement in a newspaper offering to rent a room in her house to a white person. What is the effect of the Fair Housing Act?
 Definition
O is in violation of the Fair Housing Act prohibition against discriminatory advertising. If O does not advertise, she is not in violation of the FHA if she refuses to rent to blacks. However, if O refuses to rent to blacks, O is in violation of section 1982 (The Civil Rights Act of 1866) which contains no exemptions of owner-occupied dwellings.
Term
O inserts an advertisement in a newspaper offering to rent a room in her house to a white person. What is the effect of the Fair Housing Act?
 Definition
O is in violation of the Fair Housing Act prohibition against discriminatory advertising. If O does not advertise, she is not in violation of the FHA if she refuses to rent to blacks. However, if O refuses to rent to blacks, O is in violation of section 1982 (The Civil Rights Act of 1866) which contains no exemptions of owner-occupied dwellings.
Term
O intesrts an advertisement in a newspaper offering to rent a room in her house to a white person. What is the effect of the Fair Housing Act?
 Definition
O is in violation of the Fair Housing Act prohibition against discriminatory advertising. If O does not advertise, she is not in violation of the FHA if she refuses to rent to blacks. However, if O refuses to rent to blacks, O is in violation of section 1982 (The Civil Rights Act of 1866) which contains no exemptions of owner-occupied dwellings.
Term
T leases a house from L. T moves in and find that the house is filled with rats, the roof leaks, and the toilet does not work. What are T's remedies?
 Definition
Breach of warranty of habitability. T can rescind the lease, move out, and sue for her rent deposit OR T can stay in possession and sue for damages. In some states, T can use a reasonable amount of the rent money to remedy the defects (repair and deduct).
Term
L leases to T for 10 years. One month later, T transfers a nine year term to T2. What result?
 Definition
This is a sublease, because T retains a reversion (T will be entitled to possession after T2's nine years are up). T is T2's landlord. L is not in privity of estate with T2. L cannot sue T2 on covenants in te original lease and T2 cannot sue L.
Term
L leases to T for a term of five years. After two years, T wishes to transfer the lease to T1. L refuses to consent because T1 is a tenant in another of L's building under a lease that is about to expire. L and T1 have other of L's building under a lease
 Definition
The withholding is unreasonable.
Term
L leases to T for a term of five years. After two years, T wishes to transfer the lease to T1. L refuses to consent because T1 wants to operate a business that competes with L's business in the same area. What result?
 Definition
The denial would probably not be unreasonable.
Term
L, a Christian evangelical organization owns a building that it uses as its headquarters. No religious services are held in the building. L leases a space in the building to T for a term of three years. After one year, T wishes to transfter the lease to T
 Definition
The withholding is unreasonable.
Term
O tells A that A can park on O's land. License or easement?
 Definition
License. O's oral license gives A permission to park. O can revoke the license at any time, whereas an easement is not revocable at any time.
Term
O gives an adjoining property owner A, oral permission to go on O's land and erect a tile drain thereon to protect A's property from natural water drainage. A does so at substantial expense and with O's knowledge. Can O revoke this license?
 Definition
O is estopped from now revoking permission.
Term
O builds two houses on his property, Blackacre. O instals a sewer line to service these houses; the swere line runs from the street to house 1 and then to house 2. O sells house to A. Implied easement?
 Definition
ALthough the sewer running under house 1 is not visible, A could discover that it serviced house 2 as well as house 1 by calling a plumber. It has been held that an implied sewere easement has been reserved to house 2 because the sewere is apparent.
Term
O, owner of Whiteacre, grants to A an easement of way over Whiteacre for the benefit of Blackacre, which A owns. Subsequently A buys Greenacre, adjacent to Blackacre and erects a building on Greenacre and Blackacre. Access to this building is accross the
 Definition
O can enjoin A, preventing the use of the easement to provide access to the porition of the building on Greenacre.
Term
A, owner of Blackacre, has an easement to use a common driveway located half on adjacent Whitacre. A builds a barn on the part of the driveway located on Blackacre, which makes further use of the driveway impossible.
 Definition
The easement is abandoned.
Term
O conveys Blackacre to A, and A promises for herself, her heirs, and assigns not to erect a slaugherhouse on Blackacre. The covenant is for the benefit of adjacent Whiteacre, owned by O. The deed is recorded, giving notice to subsequent purchasers. A sell
 Definition
O is entitle to money damages from B in the amount that Whiteacre is devalued by having a slaughterhour next door. If it was enforced as an equitable servitude in equity, B would be enjoined from buildgin the slaughterhouse. But then O would have to sue for an injunction before B erects the slaughterhouse.
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