PROPERTY D SLIDES

1. PROPERTY D SLIDES 2-29-15 Leap Day & National Rare Disease Day

2. Monday Feb 29 Music: Cistercian Monks of StiftHeiligenkreuzCHANT

3. Review Problem 3F: “Continuous” Element Sequoia (In-Class for Plaintiff M) Acadia (In-Class for Defendant OO)Olympic (Critique) • M Resided in House with Color of Title for Most of 10Y Statutory Period • Absent 5 Mos. Undergoing Rehab for Physical Injury • While M Away: • Utilities & Mail Service Stopped • M’s Friend David watered plants every 2-3 weeks • M asked David to Feed Cat at M’s House; Instead David Took Cat to Own Home

4. Review Problem 3F: “Continuous” Element Sequoia (In-Class for Plaintiff M) Acadia (In-Class for Defendant OO)Olympic (Critique Due Wed. @ 10 a.m.) Arguments/Missing Facts Should a 5-Month Interruption for this Reason Break Continuity? Assuming 5 Months with no Evidence of Possession Would Be Too Long, Was There Enough Evidence of Possession During the 5 Mos. M Was Away to Retain Continuity? What is the Legal Significance of David not doing what M asked?

5. Review Problem 3K: Part of Issue-Spotter (Tomorrow)Badlands (In-Class for Plaintiff MM) Everglades (In-Class for Defendant AA)Sequoia (Critique Due @ 10 a.m. Thursday) In-Class: Arguments/Missing Facts re Northacre Assuming the other elements were met, were AA’s acts fixing up Northacre and operating the summer camp sufficient to meet the “Actual Use” element? Assuming the other elements were met, was AA’s operation of the summer camp sufficient to meet the “Continuous” element? DF This Week: Arguments/Missing Facts re Southacre (Focus on “Exclusive” and “Open + Notorious”)

6. CHAPTER 4:The Shadow of the Past

7. HOLD QUESTIONS FOR TODAY

8. Approaching Chapter 4

9. Approaching Chapter 4: Vocabulary LEARN THEIR NAMES BUTCH SPOT

10. Approaching Chapter 4: Vocabulary

11. Approaching Chapter 4: Policy Concerns • Interests Created by Voluntary Transfers of Property Rights, so Generally Want to Fulfill Grantor’s Intent • BUT in Tension with Competing Policy Concerns

12. Approaching Chapter 4: Policy Concerns Laypeople Don’t Know Categories Leads to Tension Between Grantor’s Intent & ChannelingFunction (Telling State What to Do w Property You are Transferring in a Way State Can Understand) See White v. Brown (Tomorrow)

13. Approaching Chapter 4: Policy Concerns • Grantor’s Intent v. • Channeling Function

14. Approaching Chapter 4: Policy Concerns • Grantor’s Intent v. • Channeling Function • Dead Hand Control

15. Approaching Chapter 4: Policy Concerns • Grantor’s Intent v. • Channeling Function • Dead Hand Control • Alienability

16. Approaching Chapter 4: How You’ll Be Tested • 24 Question Multiple Choice Test (70 Minutes, Monday 3/21 @ 8 am) • Closed Book, But Syllabus Attached • Approximately 1/6 of Final Grade • Sample Qs with Answers/Explanations • I’ll Make Many Available & Reuse Some • Posted After We’ve Done Relevant Substance • Some Early in Break • Some Midweek the Week After

17. Approaching Chapter 4: Relevant Time Frames • “At Common Law”: Dates prior to modern streamlining of the rules. (e.g., 1600-1800)

18. Approaching Chapter 4: Relevant Time Frames • “At Common Law”: Dates prior to modern streamlining of the rules. (e.g., 1600-1800) • “Today”: Dates after modern streamlining of the rules. (e.g., 1950-present)

19. Approaching Chapter 4: Relevant Time Frames • “At Common Law”: Dates prior to modern streamlining of the rules. (e.g., 1600-1800) • “Today”: Dates after modern streamlining of the rules. (e.g., 1950-present) • Precise line between them varies from state to state and from issue to issue,so you don’t need to know where it is.

20. Approaching Chapter 4: Relevant Time Frames In Multiple Choice Qs, I Will Do One of the Following: • Explicitly Say “At Common Law” • Provide a Date After 1950 (Clearly Means “Today”) • Provide a Fact That Clearly Means “Today” (e.g., cell phone; computer) • Give no Info in Q, but Some of the Answer Choices will Indicate “Common Law” or “Today”

21. Present Possessory Estates

22. PRESENT POSSESSORY ESTATES • Present v. Future (Tenant v. Landlord)

23. PRESENT POSSESSORY ESTATES • Present v. Future • Possessory v. Non-Possessory: (Tenant v. Trust Beneficiary)

24. FEE SIMPLE ABSOLUTE

25. FEE SIMPLE ABSOLUTE • “Simple”= can go on forever (to distinguish from “Fee Tail”)

26. FEE SIMPLE ABSOLUTE • “Simple” = can go on forever (to distinguish from “Fee Tail”) • “Absolute” = no conditions (to distinguish from conditional or “defeasible” fees, which we’ll introduce Thursday.)

27. FEE SIMPLE ABSOLUTE • Right to possess and use forever • Right to transfer all present and future rights (inheritable/devisable) • Right to liquidate assets • Default estate today

28. FEE SIMPLE ABSOLUTE CREATION (today or at common law): Lloyd grants Redacre “to Mimi and her heirs.”

29. FEE SIMPLE ABSOLUTE Lloyd grants Redacre “to Mimiand her heirs.” WORDS OF PURCHASE: Who Gets the Estate?

30. FEE SIMPLE ABSOLUTE Lloyd grants Redacre “to Mimiand her heirs.” WORDS OF PURCHASE: Who Gets the Estate? WORDS OF LIMITATION: What Estate Do They Get?

31. FINITE ESTATES TERM OF YEARS FEE TAIL LIFE ESTATE

32. FINITE ESTATES TERM OF YEARS: “TO ANN FOR TEN YEARS” • Words of Purchase = “to Ann” • Words of Limitation = “for Ten Years” LIFE ESTATE FEE TAIL

33. TERM OF YEARS • Finite period specified • Can alienate, devise, inherit (until term ends) • Need explicit time language to create: (“for 99 years”) • Effectively creates long-term lease

34. FINITE ESTATES TERM OF YEARS: TO ANN FOR TEN YEARS LIFE ESTATE: “TO BEA FOR LIFE” • Words of Purchase = “to Bea” • Words of Limitation = “for Life” FEE TAIL:

35. Fee Simple Absolute v. Life Estate • Right to possess and use forever • Right to possess and use only for lifetime of original grantee

36. Fee Simple Absolute v. Life Estate • Right to possess and use forever • Right to transfer all present and future rights (inheritable & devisable) • Right to possess and use only for lifetime of original grantee • Right to transfer only rights for lifetime of original grantee (not inheritable or devisable)

37. What if a living person transfers a life estate? • Opal conveys Gemacre “to Ruby for life” (retaining a reversion for herself). • Ruby then conveys her life estate “to Esmeralda.” • What does Esmeralda have?

38. What if a living person transfers a life estate? • Opal conveys Gemacre “to Ruby for life”, retaining a reversion herself. • Ruby then conveys her life estate “to Esmeralda.” • Esmeralda has a life estate pur autre vie (for the life of another). The duration of the interest is still measured by Ruby’s life.

39. Fee Simple Absolute v. Life Estate • Right to possess and use forever • Right to transfer all present and future rights (inheritable & devisable) • Right to liquidate assets • Right to possess and use only for lifetime of original grantee • Right to transfer only rights for lifetime of original grantee (not inheritable/ devisable) • Right only to present income; can’t liquidate capital (Doctrine of Waste)

40. Fee Simple Absolute v. Life Estate • Right to possess and use forever • Right to transfer all present and future rights (inheritable & devisable) • Right to liquidate assets • Default Estate Today • Right to possess and use only for lifetime of original grantee • Right to transfer only rights for lifetime of original grantee (not inheritable/ devisable) • Right only to present income; can’t liquidate capital (Doctrine of Waste) • Default Estate at Common Law

41. DEFAULT ESTATE (“To Bill.”)What does Bill get if not specified (no words of limitation)? • Common Law: Default was Life Estate Bill gets Life Estate Grantor keeps remaining piece (Right to control parcel after Bill’s death = Reversion)

42. DEFAULT ESTATE (“To Bill.”)What does Bill get if not specified (no words of limitation)? • Common Law: Default was Life Estate Bill gets Life Estate; Grantor keeps Reversion • Today: Default is Fee Simple • Bill gets Fee Simple Absolute • Grantor keeps nothing

43. FINITE ESTATES TERM OF YEARS: TO ANN FOR 10 YEARS LIFE ESTATE: TO BEA FOR LIFE FEE TAIL: “TO CAL & THE HEIRS OF HIS BODY”

44. VOCABULARY: ISSUE v. HEIRS • “Issue” = Direct (= “Lineal”) Descendants (Children, Grandchildren, etc.)

45. VOCABULARY: ISSUE v. HEIRS • “Issue” = Direct Descendants • “Heirs” = People who inherit your property at the time ofyour death under the relevant Intestacy Statutes.

46. VOCABULARY: ISSUE v. HEIRS • “Issue” = Direct Descendants • “Heirs” = People who inherit your property at the time of your death under the relevant Intestacy Statute • You cannot have heirs until the moment of death (presumptive heirs before that).

47. FINITE ESTATES TERM OF YEARS: TO ANN FOR 10 YEARS LIFE ESTATE: TO BEA FOR LIFE FEE TAIL: TO CAL & THE HEIRS OF HIS BODY • Words of Purchase = “to Cal” • Words of Limitation = “and the Heirs of His Body”

48. FEE TAIL: TRADITIONAL RULES • Grantee(X) has present & future possessory right until death • Only X’s issue can take after X's death • Only issue of issue-who-took can take in future • Equivalent to downward chain of life estates (thus finite) • Present holders can only alienate life estates; no rights to transfer rights to own/possess the parcel after their death

49. FEE TAIL: TRADITIONAL RULES • Creation at common law: “to A & heirs of his body” • Grant creates no interest in A's issue until A dies. • B/c chain of life estates, won't know who takes till A dies • Can have special fee tails • “To A & heirs of his body by Wilhelmina” (only future takers are children of both A & W and the issue of those children) • “ To A & male heirs of his body” (only future takers are A’s male issue)