E & FI
O conveys Blackacre “to A for life, then to B.” What do A, B, and O have?
A has a life estate.
B has a indefeasibly vested remainder in fee simple.
O has nothing.
O conveys Greenacre to A for life. What does A have? What does O have?
A has a life estate.
O has a reversion in fee simple.
O grants Greenacre to Z and her heirs, but if the old oak tree falls, O may enter and take the property. What does Z have? What does O have?
Z has a fee simple subject to condition subsequent.
O has a right of entry/power of termination.
O grants Greenacre to Z and her heirs, provided, however, that if the land stops being used for farming, I have a right to retake the premises. Who has a present possessory interest, and what is it? Who has a future interest and what is it?
Z has a fee simple subject to condition subsequent.
O has a right of entry/power of termination.
Feb 1 Oliver conveys Blueacre to Alicia. Alicia does not record.
Feb 4 Oliver conveys Blueacre to Bruno. Bruno's friend personally told him about Alicia's deed the day before.actual notice
Feb 5 Bruno records his deed.
Feb 9 Alicia records her deed.
Race-notice statute: Alicia wins. Bruno had actual notice — fails the notice prong.
Notice statute: Alicia wins. Bruno had actual notice at time of purchase.
Race statute: Bruno wins. Notice is irrelevant — Bruno recorded first.
O conveys Blackacre “to A for life, then to B and her heirs.”
A has a life estate.
B has an indefeasibly vested remainder in fee simple.
O grants Greenacre to Z until Z graduates from college, then back to O. What does Z have? What does O have?
Z has a fee simple determinable.
O has a possibility of reverter.
O grants Greenacre to Z until Z graduates from college, then back to O. What does Z have? What does O have?
Z has a fee simple determinable.
O has a possibility of reverter.
Jan 1 Owen conveys Redacre to Anna. Anna does not record, take possession, or make improvements.
Jan 3 Owen conveys Redacre to Beth. Beth has no knowledge of Anna's deed.
Jan 5 Beth records her deed.
Jan 7 Anna records her deed.
Race-notice statute: Beth wins. No notice + recorded first.
Notice statute: Beth wins. BFP without notice at time of purchase.
Race statute: Beth wins. Recorded before Anna.
Mar 1 Olivia conveys Greenacre to Abel. Abel records his deed the same day.
Mar 6 Olivia purports to convey Greenacre again to Becca. Becca claims she never searched the records.record notice
Mar 8 Becca records her deed.
Race-notice statute: Abel wins. Becca had constructive record notice of Abel's prior deed.
Notice statute: Abel wins. Ignorance of the records is no excuse.
Race statute: Abel wins. He recorded first regardless of notice.
O conveys Blackacre “to A, B, and C for their joint lives, then to the survivor in fee simple.” Identify the relevant interests in A, B, C, and O.
A, B, and C have a life estate.
Whichever of A, B, & C lives longest has a contingent remainder in fee simple.
O has a reversion in fee simple (right but weird).
O conveys Blackacre “to the Hartford School Board, its successors and assigns, so long as the premises are used for school purposes.” What does Hartford School Board have? What does O have?
Hartford School Board, its successors and assignees, has a fee simple determinable.
O has a possibility of reverter.
O conveys Whiteacre “to the Hartford School Board, its successors and assignees, but if the premises are not used for school purposes, the grantor has a right to re-enter and retake the premises.”
The Hartford School Board, its successors and assignees, has a fee simple subject to condition subsequent.
O has a right of entry/power of termination.
Apr 1 Otto conveys Whiteacre to Ari. Ari moves in, plants a garden, and builds a fence — but never records.
Apr 10 Otto purports to convey Whiteacre to Bella. Bella drives by and sees someone living there but does not investigate.inquiry notice
Apr 11 Bella records her deed.
Apr 20 Ari records his deed.
Race-notice statute: Ari wins. Visible possession triggers a duty to inquire — Bella failed it.
Notice statute: Ari wins. Bella was on inquiry notice and did not follow up.
Race statute: Bella wins. Race statutes ignore notice entirely — Bella recorded first.
May 1 Omar conveys Goldacre to Alex. Alex does not record.
May 3 Alex conveys Goldacre to Cameron. Cameron has no notice of any issue and records immediately.
May 6 Omar also conveys Goldacre to Dana. Dana searches the records, finds nothing yet, and records. Dana has no actual notice of Alex or Cameron.
May 7 Alex records.
Race-notice statute: Cameron wins. Cameron had no notice and recorded before Dana. Omar had no interest left to convey to Dana once he conveyed to Alex.
Notice statute: Cameron wins. Cameron was a BFP; Omar's second conveyance to Dana was of an interest he no longer held.
Race statute: Cameron wins. Cameron recorded on May 3, before Dana on May 6 and Alex on May 7.
O conveys Blackacre “to A and her heirs so long as A maintains the rose garden, then to B and her heirs.” What does B have?
B has an executory interest in fee simple.
A has a fee simple subject to executory interest.
O conveys “to A for life, then to the heirs of B.” B is alive.
A has a life estate.
B’s heirs have a contingent remainder in fee simple.
O has a reversion in fee simple? (probably right).
O conveys Greenacre “to A and her heirs.” At the time of conveyance, A has one child, B. What does A have? What does B have? What does O have?
A has a fee simple.
B has a vested remainder subject to open in fee simple.
O has nothing.
Jun 1 Ora conveys Silveracre to Abe. Abe records his deed immediately.
Jun 2 Abe conveys Silveracre to Cara. Cara does not record.
Jun 5 Ora purports to convey Silveracre again to Doug. Doug searches the records. He finds Abe's deed from Ora but nothing further. Doug has no actual notice of Cara and records his deed.
Race-notice statute: Doug wins. Doug had no notice and recorded first.
Notice statute: Doug wins. Cara never recorded, so Doug had no constructive notice. He is a BFP.
Race statute: Doug wins. Abe's deed to Cara was never recorded — Doug recorded before Cara.
O conveys Blackacre “to A for life, then to A’s children and their heirs.”
- A has one child, B. What do A, B, and O have?
- A has no children. What do A, O, and anyone else have?
A has one child, B.
B has a vested remainder subject to open in fee simple.
A has a life estate.
O has nothing.
A has no children
A’s potential heirs have a contingent remainder in fee simple.
A has a life estate.
O has a reversion in fee simple? (probably right).
O conveys land “to the Hartford School Board, but if it ceases to use the land as a school, to the City Library.” What does the Hartford School Board have? What does O have? What does the City Library have?
The Hartford School Board has a fee simple subject to executory interest.
O has nothing.
The City Library has an executory interest.
O grants Greenacre to Z for life so long as the property is used for a farm. Who has a present possessory interest and what is it? Who has a future interest and what is it?
Z has a life estate determinable.
O has a possibility of reverter.