Closing Time
In a trust arrangement, the ______ conveys the res to a trustee, who manages the res for the benefit of a beneficiary.
What is the settlor?
Zay holds an easement for a footpath across Rae's property. In this arrangement, Zay is the _____ estate.
What is dominant?
This process involves the government bargaining with a private landowner to contribute some portion of their land to mitigating a problem.
What B holds if he buys A's life estate.
What is life estate pour autre vie?
This type of tenancy renews automatically at the end of the specified period until one party gives notice.
What is a periodic tenancy?
Sunny gifts Ian a home in 2010, which is not recorded. Linda was aware of the conveyance but purchased Sunny's home in 2011 anyway, recording her purchase at the registry of deeds. Linda is most likely to prevail in a jurisdiction that follows this type of recording act.
What is notice?
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Why?
Randall's easement to pick oranges from Shanise's orange grove is best characterized as a ______.
What is profits a prendre?
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Which case directly addressed profits?
Under Lucas, these are the two types of regulatory takings.
What are permanent physical occupations and deprivation of all economically viable use?
In the conveyance, "O to D for life, then to F's children," this applies to close the class of F's children upon D's death.
What is the rule of convenience?
In this remedy, the tenant withholds rent at a ratio relative to property defect.
Compliance with a recording system:
a. Enables others to determine whether there are any easements burdening the property.
b. Guarantees that the party recording their claim will prevail against any other claimants.
c. Provides public notice about any latent defects in the property.
d. Precludes any future adverse possession claims.
What is (A)?
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Why is B incorrect?
What is scope?
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Rather than building an apartment building, Madlyn opens a Hipcamp on her lawn, arguing that, technically, her customers are invited guests. Identify Colby's best arguments for ending the easement.
Nadia is bringing a takings claim for regulations affecting two acres of her ten-acre property. What is the correct denominator for evaluating her claim, and under what case?
What is ten acres and Murr?
In the conveyance, "O conveys Blueacre to A for life, then to A's heirs," A's heirs hold this.
What is a contingent remainder?
Janice has just moved to College Town, where she is in her first year of graduate school. She would like to live in a house owned by CT Realty because of a friend’s recommendation and because of its proximity to her classes. In fact, she was so desperate to live in the house that she agreed to start paying $900 per month rent while she worked on a formal lease with CT Realty. After a few weeks, though, Janice and CT Realty were unable to agree upon a formal lease.
Janice has just moved to College Town, where she is in her first year of graduate school. She would like to live in a house owned by CT Realty because of a friend’s recommendation and because of its proximity to her classes. In fact, she was so desperate to live in the house that she agreed to start paying $900 per month rent while she worked on a formal lease with CT Realty. After a few weeks, though, Janice and CT Realty were unable to agree upon a formal lease. How long can Janice can stay in the house?
What is until she receives notice from the company?
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Why?
In this alternative financing scheme, the lender doesn't transfer title to the buyer, meaning they can recover property at any time.
What is an installment land contract?
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Describe one way a court can treat this scheme.
Elizabeth owns land that is burdened by an easement held by the Theranos Electric Delivery Company. The easement states that it is “for an electric transmission and distribution line and all necessary or desirable appurtenances over, across and upon Elizabeth’s land.” It further gives Theranos “the right to trim or cut down trees or shrubbery to the extent, in the sole judgment of the Company, necessary to prevent possible interference with the operation of said line or to remove possible hazard thereto.” There is an airstrip on Elizabeth’s property outside the easement, and Elizabeth is an experienced pilot who sometimes flies his small planes under Theranos’ high voltage power line when landing on his airstrip. In Theranos’ lawsuit to prevent Elizabeth from flying across the easement, Theranos will likely:
a. Win, because Theranos has the exclusive right to use the property subjected to the easement.
b. Win, if the flights constitute a hazard to Theranos’s electric transmission lines.
c. Lose, because the ad coelom doctrine does not apply to airspace.
d. Lose, if the airstrip was on Elizabeth’s property before Theranos constructed the transmission lines.
What is (B)?
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Explain why the other answers are wrong.
Describe the Armstrong principle.
What is - Whether it's in the interest of fairness and justice to make one person pay a cost that should be borne by the public as a whole. (It is a taking if it is not fair to make that person pay.)
**DOUBLE JEOPARDY**
Name two constraints on the freedom of a grantor to grant future interests.
What is an unreasonable restraint on marriage; unreasonable restraint on alienation; numerus clausus; and RAP?
Susan does not want to ever speak to her landlord Isaac again. She wants to know whether she will be able to move out of her apartment without informing Isaac that she is leaving or without Isaac informing her that he wants to end the lease, no matter how long she has to wait. She will be able to do so if she has which interest in the land?
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Why?
Casper is selling his home to Kat. He is aware of a structural defect in the roof that is hidden in such a way that it could not be discovered during ordinary inspection but doesn't share that information with Kat. Kat purchases the house and several days later, the roof caves in. She files suit demanding rescission of the contract. She is most likely to win on a claim of ______ because Casper failed his _______.
What is fraudulent misrepresentation and duty to disclose?
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What result if the defect had been obvious to a diligent inspector? What result in a caveat emptor state?
From 1947 to 1967, Lester owned two forty-acre parcels that he farmed as one tract. Lester used a dirt road across the eastern parcel to reach the public highway from the western parcel. In 1967, Lester deeded the east forty-acre parcel to his son George and the west forty-acre parcel to his daughter Lylia. Cahoy then purchased the west parcel from Lylia in November 2007, and Springer purchased the east parcel from George in May 2008. From 1967 until 2007, when Cahoy purchased his property, the two parcels were owned separately but were rented to one person and were operated as one unit. After the Springer-Cahoy purchases, the east parcel became an isolated tract in the sense that it had no direct access to a public highway (although it did have access to other roads). In the spring of 2008, Cahoy put up no trespassing signs attempting to restrict Springer from crossing his parcel. Springer, however, continued to cross Cahoy’s parcel to access her property. Consequently, in 2009, Cahoy locked the gates that provided access to his parcel. Springer is most likely to succeed on a claim of what easement?
What is an easement by prior use?
In early 2004, the City of Brighton decided to build a new wastewater treatment plant in unincorporated Weld County. For several years thereafter, Brighton engaged in actions and communications with a group of landowners evidencing its intent to construct the treatment plant on the landowners’ properties. In August 2009, negotiations were still unsuccessful, so the landowners sued alleging that the city’s actions and inactions during the lengthy precondemnation period have deprived them of their right to alienate their properties. The landowners’ suit will likely:
a. Succeed, because the government’s actions have reduced the value of their properties.
b. Succeed, because the government may physically take the properties in the future.
c. Fail, because the properties still retain significant value.
d. Fail, because the right to alienation is not a recognized aspect of property rights.
What is (C)?
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Why?
In the conveyance, "A to B for life, then to C unless she marries a lawyer," what interest does C hold?
What is a vested remainder subject to divestment?
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Why is this a vested remainder instead of a contingent executory interest?
**DOUBLE JEOPARDY**
Janice has just moved to College Town, where she is in her first year of graduate school. She would like to live in a house owned by CT Realty because of a friend’s recommendation and because of its proximity to her classes. In fact, she was so desperate to live in the house that she agreed to start paying $900 per month rent while she worked on a formal lease with CT Realty. After a few weeks, though, Janice and CT Realty were unable to agree upon a formal lease. How long can Janice can stay in the house?
What is until she receives notice from the company?
**SOLO BONUS FOR $300**
Why?