Possession
The elements of possession are
A validating life is...
What is "someone you can point to and say with certainty that the contingency will be determined one way or the other not later than 21 years after that person's death."?
"To A for B's life, then to B and her heirs."
A has a....
What is "Life Estate Pur Autre Vie"?
"To A for life, then to B if B opens a real tea shop like Uncle Iroh."
What does B have?
What is "a contingent remainder in fee simple?"
What are the three concurrent tenancies?
A joint tenancy with right of survivorship
A tenancy in common
A tenancy in entirety
The plaintiff must prove conversion by
1) proving that the defendant exercised dominion and control
2) over personal property
3) owned by the plaintiff.
The Rule Against Perpetuities States...
The Rule in Nebraska is...
What is "No interest is good unless it must vest, if at all, not later than twenty-one years after some life in being at the creation of the interest."
And "Nebraska follows the 'Wait and See' rule, where we attach 90 years onto any contingent remainder to see if it will vest or terminate."
To A, so long as A watches ATLA regularly, if A doesn't watch ATLA regularly, then to B and her heirs.
A has a...
What is "Fee Simple Determinable with an Executory Limitation"?
To A for life, but if A doesn't learn the great American classic "Leaves from the Vine" on piano in 3 years, then to B and her heirs."
What does B have?
The first four words to "Leaves from the Vine" are...
The elements of a gift are...
The different gifts we discussed in class were...
Intent, delivery, and acceptance
Inter-Vivos, Gift Causa Mortis, Conditional gifts
Differentiate between lost, mislaid, or abandoned property.
Lost: The true owner did not intentionally place it and was lost accidentally and may likely not retrieve the item. First finder gets more claim to it than the property owner. First finder has to yield to the True Owner if within the SOL.
Mislaid: Property that the owner likely intends to retrieve. The property owner gets more claim than the first finder, but the true owner can recover in the SOL.
Abandoned: Abandoned property is a relinquished right to the property. In some jurisdictions, the first finder gets more claim to it than the property owner and vice versa.
"To A for life, then to the first of A's children to meet Dante Basco and Mae Whitman."
(A is alive and has three children, Korra, Mako, and Bolin and that we live in a jurisdiction that recognizes the Doctrine of Desctructibility of Contingent Remainders)
Who are the validating lives?
Who are the validating lives if the DDCR is abolished?
What is "A, Dante Basco, and Mae Whitman"
What is "Dante Basco, and Mae Whitman"
The elements of Shelly's Rule are...
What is "1) when the same instrument grants A a life estate and 2) a remainder in A's heirs?"
Shelly's Rule gives both conveyances to A, and not A's heirs.
-Life Estate Subject to a Condition Subsequent
-Fee Simple Determinable
-Fee Simple Absolute
What is "Right of Re-entry, Possibility of Reverter and NOTHING! It's a fee simple absolute."
Explain the difference between symbolic delivery and constructive delivery.
A delivery is symbolic when instead of the thing itself, some other object is handed over in its name and stead. Symbolic delivery occurred in In re Cohn, when Leopold delivered the birthday letter to his wife, Sara.
A delivery is constructive, when in place of actual manual transfer the donor delivers to the donee the means of obtaining possession and control of the subject matter, or in some other manner relinquishes to the donee power and dominion over it.
Constructive delivery occurred in Scherer v. Hyland, when the donor left the endorsed check in the apartment she shared with the donee.
Uncle Iroh and Master Piandao are walking through the Jasmine Dragon (Iroh's tea shop) together when Piandao spots a brand new lotus tile lying on the floor and exclaims, "Oh, look at that new lotus tile lying just ahead on the floor." Uncle Iroh dives for the lotus tile and gets to it before I do. In a lawsuit between Iroh and Piandao who should win?
Finder v. Finder
Likely Iroh. It was in his possession first, and it's his tea shop.
"To Katara for life, then to all Katara's grandchildren who become airbending masters. "
(Assume Jinora, Iki, and Milo were born at the time of conveyance)
Apply the RAP to this question in a jurisdiction where the Doctrine of Destructibility has been abolished. Consider their brother Rowan who was born after their conveyance.
Depends on the response.
Factors to consider, Jinora is the only airbending master at the current time. She has a vested remainder. Rowan is an afterborn child, so we aren't sure if his part of the conveyance will vest until 21 years after Milo dies, but it's likely that Rowan, should he be an airbender, could become an airbending master within that time.
The RAP likely won't disrupt the contingent remainders of Iki and Milo.
“To A for life, remainder to B for life, the remainder to the heirs of A"
Describe all components of the hypo.
In a jurisdiction where the Doctrine of Merger and Shelley's Rule applies.
A has a life estate and remainder in FSA.
B has a vested remainder in life estate.
The conveyances don't merge initially because they're not successive but they will if B dies before A.
"To A for life, then to B when the live-action ALTA airs on Netflix (assuming that A is 40, and it'll take at least 100 years in an iceberg).
The Grantor retains a...
B has a...
What is "the Grantor retains a reversion and B has a springing executory interest in Fee Simple Absolute"?
The four unities are...
The description is required.
Which Concurrent tenancy are they related to?
What is "Possession, Interest, Time, and Title?"
Joint Tenancy requires the four unities.
Possession: each joint tenant has an equal right to possess and enjoy the whole property
Interest: joint tenants must have equal shares in the property that is jointly held
Time: the interests must vest at the same time
Title: a Joint Tenancy must be created by the same instrument (the same deed or will)
Popular Property Theories include...
Occupancy Theory: "property belongs to the person who has it first." (Unless you're the Native Americans.)
Labor Theory: "The real title to private property comes from the toil and trouble experienced in creating it." (Unless you're the Native Americans.)
Economic Theory: The creation of "exclusive rights" to property that includes the ability to transfer the right to another. People will take care of land that belongs to them. Land that is owned by no one gives no legal remedy against another's misconduct.
"To Tayo so long as the property is used for the furtherance of air culture, then to Tenzin and Pema, their heirs and assigns forever."
Apply the RAP to this hypo.
The rule against perpetuities will void an attempt to create a remainder interest when the vesting of the remainder depends upon a condition of use which may last indefinitely.
This is based on the City of Klamath Falls case.
The difference between a "Fee Simple Conditional" and a "Fee Simple Subject to a Condition Subsequent" is
Consider the history of their creation as well.
A Fee Simple Subject to a Condition Subsequent:
Uses words and phrases indicating a condition are these: "on condition that"; "provided that"; "however"; and "but if." AND retains a Right of Entry/Power of termination. The estate does not automatically revert back, but the owner can sue when they exercise their right of entry and the grantee refuses.
A Fee Simple Conditional is the earlier version of the Fee Tail that came before the enactment of De Donis Conditionalibus
Ex: "To Toph and the heirs of her body"
"To Katara for life, then to Tenzin and his heirs, but if Tenzin dies in Katara's lifetime, then to Tenzin's children and their heirs."
"To Katara for life, and if Tenzin survives Katara, then to Tenzin and his heirs, but if Tenzin does not survive Katara, then to Tenzin's children and their heirs."
The future interests for both hypos are...
The difference between them is...
What is "a Vested Remainder Subject to Complete Defeasance and a Contingent Remainder?"
The difference is the first hypo deals with a condition subsequent and the second hypo deals with a condition precedent, similar to the example shown by the court in Kost v. Foster.
What happens if joint tenants die simultaneously?
Their halves will be devised as if they had survived.
..I think.