MUSIC: Alicia de Larrocha, Piano THE ART OF ALICIA DE LARROCHA Performances 1972-1981 Disc 1: Music of Johann Sebastian

1. MUSIC: Alicia de Larrocha, Piano THE ART OF ALICIA DE LARROCHA Performances 1972-1981 Disc 1: Music of Johann Sebastian Bach & Joseph Hadyn

2. Review Problem 6G (Rice) Ramp as “Reasonable Modification” Need to Show: • Necessary to enjoyment of unit • Reasonable • Financial Means to Restore if restoration reasonable (escrow or otherwise)

3. Review Problem 6G (Rice) Ramp as “Reasonable Modification” Need to Show: Necessary • Likely not difficult question • Use of front door requires 2 people to assist • Use of rear door requires long trek: downhill + uphill through dark alley + heavy doors + long carpeted hallway

4. Review Problem 6G (Rice) Ramp as “Reasonable Modification” Need to Show: Reasonable Arguments re Reasonableness of CC’s Proposed Ramp? • Quality Needed? • Her Proposal re Representation & Z Board?

5. Review Problem 6G (Rice) Ramp as “Reasonable Modification” Need to Show: Financial Means to Restore if restoration reasonable. • Assume C & T could afford escrow. • Should restoration (i.e., removing ramp) be required?

6. PROBLEM 7G: CORN

7. (7G): “To my only son, Larry, for life, then to Larry's children and their heirs." Larry has two children, Moe and Curly. Larry?

8. (7G): “To my only son, Larry, for life, then to Larry's children and their heirs." Larry has two children, Moe and Curly. Larry: Life Estate Moe & Curly?

9. (7G): “To my only son, Larry, for life, then to Larry's children and their heirs." Larry has two children, Moe and Curly. Larry: Life Estate Moe & Curly: Vested Remainders (in F.S.) Subject to Open Use of “subject to open” makes clear that interest is not as certain as a vested remainder usually is. We don’t use phrase with contingent remainder, which is always uncertain.

10. (7G): “To my only son, Larry, for life, then to Larry's children and their heirs." Larry has two children, Moe and Curly. Larry: Life Estate Moe & Curly: Vested Remainders (in F.S.) Subject to Open Larry has another child, Stella. Stella has?

11. (7G): “To my only son, Larry, for life, then to Larry's children and their heirs.“ Larry: Life Estate Moe & Curly & Stella: Vested Remainders (in F.S.) Subject to Open Curly (C) dies, leaving his wife, Noreen, and a child, Orrin; C's will devises all property to Noreen.What happens to C’s interest?

12. (7G): “To my only son, Larry, for life, then to Larry's children and their heirs." Larry: Life Estate Moe & Noreen & Stella: Vested Remainders (in F.S.) Subject to Open Larry dies. State of the title?

13. (7G): “To my only son, Larry, for life, then to Larry's children and their heirs." Larry dies. State of the title? Moe & Noreen & Stella share fee simple absolute (tenants in common). For this course, only need to know that they’d share; don’t need to know term “tenants in common” or what it means.

14. DEFEASIBLE FEES

15. DEFEASIBLE FEESTwo Relevant Distinctions Automatic termination v. Needs action by future interest holder Who holds future interest?: Grantor v. Grantee

16. DEFEASIBLE FEESRestatement Terms • FEE SIMPLE DETERMINABLE • FEE SIMPLE ON CONDITION SUBSEQUENT • FEE SIMPLE ON EXECUTORY LIMITATION

17. FEE SIMPLE DETERMINABLE • OPERATION: Self-Executing (= Automatic Termination)

18. FEE SIMPLE DETERMINABLE • OPERATION: Self-Executing • KEY LANGUAGE: “So long as”, “While”, “Until”

19. FEE SIMPLE DETERMINABLE • OPERATION: Self-Executing • KEY LANGUAGE: “So long as”, “While”, “Until” • FUTURE INTEREST: “Possibility of Reverter” (in GRANTOR)

20. FEE SIMPLE DETERMINABLE EXAMPLE: To Estelle and her heirs so long as asparagus is not grown on the property.

21. FEE SIMPLE ON CONDITION SUBSEQUENT • OPERATION: Grantor must act

22. FEE SIMPLE ON CONDITION SUBSEQUENT • OPERATION: Grantor must act • KEY LANGUAGE: • “But if”, “provided that if”, “on condition that if” PLUS • “O may [re]enter and [re]claim the land”

23. FEE SIMPLE ON CONDITION SUBSEQUENT • OPERATION: Grantor must act • KEY LANGUAGE:“But if”, “provided that if”, “on condition that if” PLUS “O may [re]enter and [re]claim the land” • FUTURE INTEREST: Right of [Re]Entry (in GRANTOR)

24. FEE SIMPLE ON CONDITION SUBSEQUENT EXAMPLE: To Estelle and her heirs, but if asparagus is grown on the property, I can reenter and claim the land

25. FEE SIMPLE ON EXECUTORY LIMITATION • OPERATION: Either self-executing or grantee has to act.

26. Warning: Inconsistency • Textbook says Fee Simple on Executory Limitation terminates automatically (P580) • For our purposes, assume that sometimes, a Fee Simple on Executory Limitation can operate like a Fee Simple on Condition Subsequent • “To Sonny & his heirs, but if Sonny ever runs for Congress, Cher mayenter and take the land.”

27. FEE SIMPLE ON EXECUTORY LIMITATION • OPERATION: Either self-executing or grantee has to act. • KEY LANGUAGE: Creates interest in 3d party if condition violated

28. FEE SIMPLE ON EXECUTORY LIMITATION • OPERATION: Either self-executing or grantee has to act. • KEY LANGUAGE: Creates interest in 3d party if condition violated • FUTURE INTEREST: Executory Interest (in 3d party grantee)

29. FEE SIMPLE ON EXECUTORY LIMITATION: EXAMPLES • To Estelle and her heirs so long as asparagus is not grown on the property, otherwise to Bob

30. FEE SIMPLE ON EXECUTORY LIMITATION: EXAMPLES • To Estelle and her heirs so long as asparagus is not grown on the property, otherwise to Bob • To Estelle and her heirs, but if asparagus is grown on the property, Bob can reenter and claim the land

31. DEFEASIBLE FEES: Restatement Terms • FEE SIMPLE DETERMINABLE (to grantor; automatic) • F.S. ON CONDITION SUBSEQUENT (to grantor; must act) • F.S. ON EXECUTORY LIMITATION (to grantee; either way)

32. Accessorizing: Defeasible Fees & Matching Future Interests FEE SIMPLE DETERMINABLE & POSSIBILITY OF REVERTER F.S. ON CONDITION SUBSEQUENT & RIGHT OF ENTRY F.S. ON EXECUTORY LIMITATION & EXECUTORY INTEREST

33. Defeasible Finite Estates: Examples Term of Years on Condition Subsequent: “To Joshua for 20 years, but if he ever passes the bar exam, my heirs can enter & retake.” Life Estate on Executory Limitation “To Richard for life, but to Chris & his heirs if Chris ever passes the bar exam.”

34. Back to CORN:(7H): Thelma conveys "to Louise for 99 years if Louise so long live." Louise?

35. (7H): Thelma conveys "to Louise for 99 years if Louise so long live." Louise: Term of years determinable. Most likely to operate as a life estate, but L might live 99 years. Used where there is some legal or tax reason to avoid life estate.

36. (7H): Thelma conveys "to Louise for 99 years if Louise so long live." What other interests are there? Louise: Term of years determinable.

37. (7H): Thelma conveys "to Louise for 99 years if Louise so long live." Louise: Term of years determinable. Thelma:Possibility of Reverterplus Reversion = Reversion (Merger)

38. DOCTRINE OF MERGER If one person becomes the owner of two contiguous interests, the interests will “merge”

39. DOCTRINE OF MERGER If one person becomes the owner of two contiguous interests, the interests willmerge. Example: Eric has a life estate. Katie holds the reversion that follows it. If Eric purchases the reversion from Katie, it mergeswith his life estate and he will have a fee simple absolute.

40. DOCTRINE OF MERGER **MERGE** If one person becomes the owner of two contiguous interests, the interests will merge.

41. Mahrenholz v. County BoardDQ 115: Barley

42. Once Again: IGNORE THE JACQMAINS • Delete last paragraph on P581. • Delete last complete paragraph on P582. • Pretend you never heard of the Jacqmains.

43. Mahrenholz v. County BoardMAJOR EVENTS • 3/51: Grant to SD#1 • 2/69: Mrs.H dies intestate; HH sole heir • 5/73: Property used for storage only • 5/77: HH conveys interest to Ms • 9/77: HH releases interest to SD#1

44. Mahrenholz v. County BoardDQ115: MAJOR EVENTS: FSD +PR • 3/51: Grant to SD#1: SD-FSD Hs-PR • 2/69: Mrs.H dies intestate; HH sole heir? • 5/73: Property used for storage only • 5/77: HH conveys interest to Ms • 9/77: HH releases interest to SD#1

45. Mahrenholz v. County Board DQ115: MAJOR EVENTS: FSD +PR • 2/69: Mrs.H dies intestate; HH sole heir SD-FSD HH-PR • 5/73: Property used for storage only? (2 Possibilities: Violation or Not) • 5/77: HH conveys interest to Ms • 9/77: HH releases interest to SD#1

46. GRANT VIOLATED HH-FEE SIMPLE ABSOLUTE 5/77 HH --> Ms? NO VIOLATION SD-FSD HH-PR 5/77 HH --> Ms? Mahrenholz v. County BoardDQ115: MAJOR EVENTS: FSD +PR2/69: SD-FSD HH-PR

47. GRANT VIOLATED HH-FS ABSOLUTE 5/77 HH --> Ms? Ms-FS Absolute 9/77 HH release to SD? NO VIOLATION SD-FSD HH-PR5/77 HH --> Ms? SD-FSD HH-PR 9/77 HH release to SD? Mahrenholz v. County BoardDQ115: MAJOR EVENTS: FSD +PR

48. GRANT VIOLATED Ms-FS Absolute 9/77 HH release to SD? Ms - FS Absolute NO VIOLATION SD-FSD HH-PR 9/77 HH release to SD? SD - FS Absolute Mahrenholz v. County BoardDQ115: MAJOR EVENTS: FSD +PR

49. Mahrenholz v. County BoardDQ115: MAJOR EVENTS: FSCS +RE • 3/51: Grant to SD#1: SD-FSCS Hs-RE • 2/69: Mrs.H dies intestate; HH sole heir? • 5/73: Property used for storage only • 5/77: HH conveys interest to Ms • 9/77: HH releases interest to SD#1

50. Mahrenholz v. County Board DQ115: MAJOR EVENTS: FSCS +RE • 2/69: Mrs.H dies intestate; HH sole heir SD-FSCS HH-RE • 5/73: Property used for storage only? (2 Possibilities: Violation or Not) • 5/77: HH conveys interest to Ms • 9/77: HH releases interest to SD#1