CED Overview of the Law
|
|
- Brook Hunter
- 5 years ago
- Views:
Transcription
1 Perpetuities and Accumulations Notes for I-II.1-3: Introduction; the Rule Against Perpetuities I: Introduction FN1. Waters, Law of Trusts in Canada (1974), pp ; see also Aldercrest Developments Ltd. v. Hunter (1970), [1970] 2 O.R. 562 (Ont. C.A.) (contract for sale of land to be completed "90 days after Planning Board approval"). FN2. Blackburn v. McCallum (1903), 33 S.C.R. 65 (S.C.C.) (general restraint upon alienation of land until 25 years after death of testator); see also Malcolm, Re (1947), [1947] O.W.N. 871 (Ont. H.C.) (restraint upon alienation by devisees except to each other). FN3. Macleary, Re (1875), L.R. 20 Eq. 186 (Eng. Ch.) (condition never to sell out of family); see also Blackburn v. McCallum (1903), 33 S.C.R. 65 (S.C.C.); Hutt v. Hutt (1911), 24 O.L.R. 574 (Ont. C.A.) (provision in will not to sell property to anyone except certain person at specified price); Mountain Estate, Re (1912), 26 O.L.R. 163 (Ont. C.A.) (restraint on sale until tunnel built from Isle of Wight to mainland, if such built within lives of executors or 21 years thereafter); Paul v. Paul (1921), 50 O.L.R. 211 (Ont. C.A.) (conveyance to son with provision not to sell during lifetime of grantor and wife); Rutherford v. Rispin (1926), 59 O.L.R. 506 (Ont. H.C.) (regulations of unincorporated club prohibiting members from alienating their shares in club property without first offering to other members); Noble v. Alley (1950), [1951] S.C.R. 64 (S.C.C.) (covenant that grantee not sell, assign, transfer, lease, rent, etc. to persons of certain races); Pennyman v. McGrogan (1868), 18 U.C.C.P. 132 (Ont. C.A.) (property not to be assigned to anyone except devisee's sons for 20 years after devisee's death); Casner, Re (1883), 6 O.R. 282 (Ont. Ch.) (devisees in fee simple not to convey or dispose of lands in any manner whatsoever); Watson v. Woods (1887), 14 O.R. 48 (Ont. Ch.) (restriction against sale or devise of life estate, directing that it be held for life tenant's heirs); Heddlestone v. Heddlestone (1888), 15 O.R. 280 (Ont. H.C.) (devisees not to alienate except by will to their lawful heirs); O'Sullivan v. Phelan (1889), 17 O.R. 730 (Ont. Ch.) (condition that "neither of my said nephews is to be at liberty to sell his half of the said property to anyone, except to persons of the name O'Sullivan, in my own family"); Meyers v. Hamilton Provident & Loan Co. (1890), 19 O.R. 358 (Ont. C.P.) (land not to be sold until after devisee's death and until youngest child reaching age 21); Shanacy v. Quinlan (1897), 28 O.R. 372 (Ont. Q.B.) (no devisee to sell or mortgage devised lands). II.1.(a): Definitions at Common Law
2 FN1. Ferguson v. Ferguson (1878), 2 S.C.R. 497 (S.C.C.) (devise of land to first great-grandson descending from testator's son through male line); see also Meyers v. Hamilton Provident & Loan Co. (1890), 19 O.R. 358 (Ont. C.P.); Miller, Re (1938), [1938] O.W.N. 118 (Ont. H.C.) (remainder of estate to be invested for 80 years after death of testator; corpus then to be distributed among testator's issue); Albery, Re (1964), 42 D.L.R. (2d) 201 (Ont. H.C.) (trust for "any other worthy object or purpose"); Roberts, Re (1978), 82 D.L.R. (3d) 591 (Ont. H.C.) (bequest of annuity to persons living at testator's death for 20 years or until death of last survivor, whichever earlier; income thereafter to be distributed among testator's grandchildren for 21 years, after which capital to be distributed among surviving grandchildren); MacMurray, Re (1949), 1949 CarswellOnt 305 (Ont. H.C.); Fletcher, Re (1953), 9 W.W.R. (N.S.) 566 (B.C. S.C.); Fownes, Re (1974), 10 N.B.R. (2d) 226 (N.B. Q.B.); Laurin v. Iron Ore Co. (1977), 82 D.L.R. (3d) 634 (Nfld. T.D.) (purported option limiting time of vesting to 21 years after death of longest-living descendant then living of Queen; no violation of rule); Brown, Re (1919), [1920] 1 W.W.R. 264 (Sask. C.A.); Crichton, Re (1913), 4 W.W.R (Man. K.B.) (future interest beginning within proper period valid); Halliday, Re (1935), [1935] 1 W.W.R. 360 (Man. K.B.) (vested interests not subject to rule); Townsend, Re (1969), 69 W.W.R. 630 (Alta. S.C.) (application to distributive clause in will; early vesting); Malczewski v. Sansai Securities Ltd. (1974), [1975] 1 W.W.R. 462 (B.C. S.C.) (trust fund set up under statute offending rule). FN2. Short Estate, Re (1914), 7 O.W.N. 525 (Ont. H.C.) (devise of income from corpus to church office for 90 years; corpus thereafter to be paid to missionary society of church). FN3. Crichton, Re (1913), 4 W.W.R (Man. K.B.); Aldercrest Developments Ltd. v. Hunter (1970), [1970] 2 O.R. 562 (Ont. C.A.). FN4. Miller, Re (1938), [1938] O.W.N. 118 (Ont. H.C.); see also Meyers v. Hamilton Provident & Loan Co. (1890), 19 O.R. 358 (Ont. C.P.). FN5. White Trust, Re (1952), [1952] 4 D.L.R. 711 (Ont. H.C.) (income of trust fund devised to widow for life, then to testator's brother's children; on their death, corpus of fund to their children). FN6. Meyers v. Hamilton Provident & Loan Co. (1890), 19 O.R. 358 (Ont. C.P.), at 368, per MacMahon J. FN7. MacMurray, Re (1949), 1949 CarswellOnt 305 (Ont. H.C.) (devise of residue of estate for education of testator's nephew and future nephews "if in the opinion of my said executor their parents are too poor to give them a proper education"; "nephew" construed as"grand-nephew"); see also Bérubé v. Babin (1992), 127 N.B.R. (2d) 210 (N.B. Q.B.); affirmed (1993), 135 N.B.R. (2d) 316 (N.B. C.A.) (rule violated by provision in agreement for sale of land that bulk of land to be reconveyed on certain date or whenever water and sewer installation completed). FN8. MacMurray, Re (1949), 1949 CarswellOnt 305 (Ont. H.C.), at 282, per Wells J.; see also Roberts, Re (1978), 82 D.L.R. (3d) 591 (Ont. H.C.). FN9. Ferguson v. Ferguson (1878), 2 S.C.R. 497 (S.C.C.).
3 FN10. Ferguson v. Ferguson (1878), 2 S.C.R. 497 (S.C.C.). FN11. Ferguson v. Ferguson (1878), 2 S.C.R. 497 (S.C.C.). FN12. Fasken, Re (1959), 19 D.L.R. (2d) 182 (Ont. C.A.) (testamentary settlement of income of fund to sister; income or capital then to her "issue"); Gilpin, Re, [1954] Ch. 1 (infertility of woman due to surgery); Gaite, Re, [1949] 1 All E.R. 459 (8-year-old child). II.1.(b): Definitions Under Perpetuities Legislation FN1. Perpetuities Act, R.S.A. 2000, c. P-5, s. 25 (instruments taking effect after July 1, 1973); Perpetuity Act, R.S.B.C. 1996, c. 358, s. 2 (instruments taking effect after December 31, 1978); Perpetuities Act, R.S.O. 1990, c. P.9, s. 19 (instruments taking effect after September 6, 1966). FN2. Perpetuities Act, R.S.A. 2000, c. P-5, ss. 3, 4; Perpetuity Act, R.S.B.C. 1996, c. 358, ss. 8 [am. 1998, c. 37, s. 29], 9; Perpetuities Act, R.S.O. 1990, c. P.9, ss. 3, 4; see also Hay v. Edmonton Savings & Credit Union Ltd. (1989), 103 A.R. 123 (Alta. Master) (purchasers of land agreeing to subdivide 20 acres and convey back to vendor; agreement not stating period within which vendor's interest required to vest; vendor registering caveat against title; credit union acquiring title through subsequent foreclosure and applying to discharge caveat; application dismissed; statute creating presumption in favour of validity until actual events establishing that interest incapable of vesting during perpetuity period). FN3. Perpetuities Act, R.S.A. 2000, c. P-5, s. 13(1); Perpetuity Act, R.S.B.C. 1996, c. 358, s. 17(1), Perpetuities Act, R.S.O. 1990, c. P.9, s. 10(1). FN4. Perpetuities Act, R.S.A. 2000, c. P-5, s. 13(2); Perpetuity Act, R.S.B.C. 1996, c. 358, s. 17(2); Perpetuities Act, R.S.O. 1990, c. P.9, s. 10(2). FN5. Perpetuities Act, R.S.A. 2000, c. P-5, s. 5(1)(b), Perpetuities Act, R.S.O. 1990, c. P.9, s. 6(3); Roberts v. Hanson (1981), 15 Alta. L.R. (2d) 11 (Alta. C.A.); leave to appeal refused (1981), 29 A.R. 450 (note) (S.C.C.) (option to purchase being contained in lease renewable for four successive five-year terms; lessee not "life in being"; perpetuity period 21 years). FN6. Perpetuity Act, R.S.B.C. 1996, c. 358, s. 10(1)(b). FN7. Perpetuities Act, R.S.A. 2000, c. P-5, s. 5(1); Perpetuity Act, R.S.B.C. 1996, c. 358, s. 10(1); Perpetuities Act, R.S.O. 1990, c. P.9, s. 6(1). FN8. Perpetuities Act, R.S.A. 2000, c. P-5, s. 1(c) "in being"; Perpetuity Act, R.S.B.C. 1996, c. 358, s. 1 "in being"; Perpetuities Act, R.S.O. 1990, c. P.9, s. 1 "in being". FN9. Perpetuities Act, R.S.A. 2000, c. P-5, s. 5(2) [am. 2002, c. A-4.5, s. 62(2)]; Perpetuity Act, R.S.B.C. 1996, c. 358, s. 10(2); Perpetuities Act, R.S.O. 1990, c. P.9, s. 6(2).
4 FN10. Perpetuities Act, R.S.A. 2000, c. P-5, s. 5(1); Perpetuity Act, R.S.B.C. 1996, c. 358, s. 10(1). FN11. Perpetuities Act, R.S.A. 2000, c. P-5, s. 9 [am. 2010, c. 16, s. 1(47)]; Perpetuity Act, R.S.B.C. 1996, c. 358, s. 14; Perpetuities Act, R.S.O. 1990, c. P.9, s. 7. FN12. Perpetuities Act, R.S.A. 2000, c. P-5, s. 9(1)(a)(i); Perpetuity Act, R.S.B.C. 1996, c. 358, s. 14(1)(a); Perpetuities Act, R.S.O. 1990, c. P.9, s. 7(1)(a)(i). FN13. Perpetuities Act, R.S.A. 2000, c. P-5, s. 9(1)(a)(ii); Perpetuity Act, R.S.B.C. 1996, c. 358, s. 14(1)(b); Perpetuities Act, R.S.O. 1990, c. P.9, s. 7(1)(a)(ii). FN14. Perpetuities Act, R.S.A. 2000, c. P-5, s. 9(1)(b); Perpetuity Act, R.S.B.C. 1996, c. 358, s. 14(2); Perpetuities Act, R.S.O. 1990, c. P.9, s. 7(1)(b). FN15. Perpetuities Act, R.S.A. 2000, c. P-5, s. 9(2); Perpetuity Act, R.S.B.C. 1996, c. 358, s. 14(3); Perpetuities Act, R.S.O. 1990, c. P.9, s. 7(2). FN16. Perpetuities Act, R.S.A. 2000, c. P-5, s. 9(3); Perpetuity Act, R.S.B.C. 1996, c. 358, s. 14(4); Perpetuities Act, R.S.O. 1990, c. P.9, s. 7(3). FN17. Perpetuities Act, R.S.A. 2000, c. P-5, s. 9(4) [am. 2010, c. 16, s. 1(47)]; Perpetuity Act, R.S.B.C. 1996, c. 358, s. 14(5); Perpetuities Act, R.S.O. 1990, c. P.9, s. 7(4). FN18. Perpetuities Act, R.S.A. 2000, c. P-5, s. 6(1); Perpetuity Act, R.S.B.C. 1996, c. 358, s. 11(1); Perpetuities Act, R.S.O. 1990, c. P.9, s. 8(1). FN19. Perpetuities Act, R.S.A. 2000, c. P-5, s. 6(2); Perpetuity Act, R.S.B.C. 1996, c. 358, s. 11(2). FN20. Perpetuities Act, R.S.A. 2000, c. P-5, s. 5(2)(e) [am. 2002, c. A-4.5, s. 62(2)]; Perpetuity Act, R.S.B.C. 1996, c. 358, s. 10(2)(e); Perpetuities Act, R.S.O. 1990, c. P.9, s. 9(1) [am. 1999, c. 6, s. 54(1); 2005, c. 5, s. 57(1)]. FN21. Perpetuities and Accumulations Act, R.S.M. 1987, c. P33, C.C.S.M., c. P33, s. 3; see also Perpetuities and Accumulations Act, R.S.M. 1987, c. P33, C.C.S.M., c. P33, s. 5 (date of application of Act). FN22. Perpetuities and Accumulations Act, R.S.M. 1987, c. P33, C.C.S.M., c. P33, s. 4(1) II.2: Origin of Rule FN1. Ferguson v. Ferguson (1878), 2 S.C.R. 497 (S.C.C.) (covenant that grantee, heirs and assigns would reconvey property at any time upon request); Lord Dungannon v. Smith (1846), 8 E.R (U.K. H.L.); Cadell v. Palmer (1833), 6 E.R. 956 (U.K. H.L.); Jardine v. Wilson (1872), 32 U.C.Q.B. 498 (Ont. Q.B.) (devise of land to D., but if D. dying without heirs, then to his widow for life; then to rest of testator's children); Iler v. Elliott (1872), 32 U.C.Q.B. 434 (U.C. Q.B.).
5 II.3: Object of Rule FN1. Mann, Crossman & Paulin Ltd. v. Registrar of the Land Registry (1917), [1918] 1 Ch. 202 (Eng. Ch.).
The Rule Against Perpetuities Applied to Trusts
Washington University Law Review Volume 9 Issue 4 January 1924 The Rule Against Perpetuities Applied to Trusts Frederick Vierling Follow this and additional works at: http://openscholarship.wustl.edu/law_lawreview
More informationPERPETUITY ACT. Published by Quickscribe Services Ltd.
PDF Version [Printer-friendly - ideal for printing entire document] PERPETUITY ACT Published by Quickscribe Services Ltd. Updated To: [includes 2016 Bill 18, c. 5 amendments (effective March 10, 2016)]
More informationTerms. A person given authority by a proper court to manage and distribute the estate of a deceased person when there is no will.
Administrator - A person given authority by a proper court to manage and distribute the estate of a deceased person when there is no will. AFFIDAVIT A written statement or affirmation made under penalty
More informationTEXAS HOMESTEAD AND PROBATE LAW
May 14, 2015 TEXAS HOMESTEAD AND PROBATE LAW Jonathan D. Baughman McGinnis Lochridge Houston, Texas Why Homestead Matters 2 Why Homestead Matters 3 Background/Basics 4 Texas Homestead Law 5 Homestead The
More informationIndexed As: Terasen Gas Inc. v. Utzig Holdings (B.C.) Ltd. British Columbia Court of Appeal Newbury, Frankel and Garson, JJ.A. November 7, 2012.
Terasen Gas Inc. (respondent/plaintiff) v. Utzig Holdings (B.C.) Ltd. (appellant/defendant) and Alpha Manufacturing Inc., Burns Development Ltd., Burns Developments (1993) Ltd. (defendants) (CA037878,
More informationJames J. Taylor, Jr. of Taylor & Taylor, P.A., Keystone Heights, for Appellee.
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA RUTH CLEMONS and LLOYD GILPIN, JR., v. Appellants, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF
More informationChapter 3: Future Interests
Annual Survey of Massachusetts Law Volume 1954 Article 9 1-1-1954 Chapter 3: Future Interests Guy Newhall Follow this and additional works at: http://lawdigitalcommons.bc.edu/asml Part of the Estates and
More informationFollow this and additional works at: Part of the Law Commons
Case Western Reserve Law Review Volume 13 Issue 3 1962 Future Interests James A. Amdur George Downing James A. Young Follow this and additional works at: https://scholarlycommons.law.case.edu/caselrev
More informationAgnew Law Office, P.C.
An Estate Planning Law Firm LAST WILL & TESTAMENT Background A Last Will and Testament is perhaps the most commonly known estate planning document. While a Will can be very simple in nature (i.e. a vehicle
More informationA CLASS gift is a limitation of a property interest
CHAPTER 12 Class Gifts A CLASS gift is a limitation of a property interest to a group of persons intended to take as an entity or unit rather than as specific individuals. When a limitation is to persons
More informationIN THE SUPREME COURT OF TENNESSEE AT NASHVILLE June 2, 2016 Session
IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE June 2, 2016 Session DARRYL F. BRYANT, SR. v. DARRYL F. BRYANT, JR. Appeal by Permission from the Court of Appeals Chancery Court for Davidson County No.
More informationCommonwealth of Kentucky Court of Appeals
RENDERED: OCTOBER 2, 2009; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2008-CA-002271-MR DRUSCILLA WOOLUM, LAVETTA HIGGINS MAHAN, RUFUS DEE HIGGINS, AND ARLINDA D. HENRY
More informationAnswers to Estates and Future Interests Problems in the Book and Some More Problems
Answers to Estates and Future Interests Problems in the Book and Some More Problems Remember, I will not hold you to a knowledge of the common-law destructibility rule, though the answers to some of these
More informationProvince of Alberta PERPETUITIES ACT. Revised Statutes of Alberta 2000 Chapter P-5. Current as of December 11, Office Consolidation
Province of Alberta PERPETUITIES ACT Revised Statutes of Alberta 2000 Current as of December 11, 2015 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer 7 th Floor, Park
More information1a. Analyze the dollar amount of LT's and R's 1984
Searcy Estate and Gift Tax Fall 1985 Problem 1. Throughout this Problem, disregard the Sec. 2503 PDE and assume that all interests for a period of time or after a period of time are valued using actuarial
More informationSAMPLE ANSWERS TO SHORT ANSWER QUESTIONS FROM SPRING 2005 AND SPRING 2006 EXAMS
Question #4 Spring 2005: Gertrude currently holds a Vested Remainder Subject to Open in a Fee Simple Absolute. Gertrude s interest is in the language to my grandchildren at the end of the devise because
More informationPart 1 ESTATES CLASSIFIED AS TO DURATION Section Estates classified Estates tail abolished; future estates limited thereon
Article 6 CLASSIFICATION, CREATION, DEFINITION OF, AND RULES GOVERNING ESTATES IN PROPERTY Part 1 ESTATES CLASSIFIED AS TO DURATION Section 6-1.1. Estates classified 6-1.2. Estates tail abolished; future
More informationsubject to open future children of B will be excluded from the class
Problem 14: O deeds to A for life, then to the children of B. [B is alive and has 2 kids, Chandler and Monica.] What is the state of title following O s conveyance? A = present life estate Chandler, Monica
More informationPLEASE DO NOT REMOVE THIS QUESTION BOOKLET FROM THE EXAM ROOM. PROPERTY: SAMPLE OBJECTIVE QUESTIONS. Professor Donahue. Date. Time
Exam Identification Number: PLEASE DO NOT REMOVE THIS QUESTION BOOKLET FROM THE EXAM ROOM. PROPERTY: SAMPLE OBJECTIVE QUESTIONS Professor Donahue Date Time PART I [I mocked this up to make it look as much
More information7 A.2d 696 Page 1 63 R.I. 216, 7 A.2d 696 (Cite as: 63 R.I. 216, 7 A.2d 696)
7 A.2d 696 Page 1 (Cite as: ) Supreme Court of Rhode Island. STANTON et al. v. SULLIVAN et al. No. 1460. July 18, 1939. Case Certified from Superior Court, Providence and Bristol Counties. Proceeding in
More informationComments on Perpetuities Problems at Supp O A and his heirs so long as the land is used for residential purposes.
Comments on Perpetuities Problems at Supp. 189 Note: means a grant; means a devise. All named persons (except for testators) are alive when the interest is created, unless otherwise stated. 1. O A and
More informationHOMESTEAD. David Weisman
HOMESTEAD David Weisman I. Basic Concepts a. The Language of the Law: Since January 9,1985, homestead has been defined in the Florida Constitution as the following property owned by a natural person: "A
More informationFuture Interests Cont d The Rule Against Perpetuities (RAP)
Future Interests Cont d The Rule Against Perpetuities The Rule Against Perpetuities You must prove that the contingent interest will necessarily vest or fail within 21 years after some life in being at
More informationDEED RESTRICTION AGREEMENT FOR THE OCCUPANCY AND TRANSFER OF CHAMONIX VAIL RESIDENTIAL DWELLING UNITS
DEED RESTRICTION AGREEMENT FOR THE OCCUPANCY AND TRANSFER OF CHAMONIX VAIL RESIDENTIAL DWELLING UNITS THIS DEED RESTRICTION AGREEMENT (the "Agreement") is entered into this day of, 201_ (the "Effective
More informationDISTRICT OF SECHELT. Emerson Clustered Residential Development - Housing Agreement Bylaw No. 534, 2014
DISTRICT OF SECHELT Emerson Clustered Residential Development - Housing Agreement Bylaw A bylaw to enter into a Housing Agreement under Section 905 of the Local Government Act WHEREAS: A. The owners of
More informationTHE PROPERTY (TRANSFER) ACT
PROPERTY (TRANSFER) 1 THE PROPERTY (TRANSFER) ACT ARRANGEMENT OF SECTIONS 1. Short title. 2. Interpretation. 3. Assignment, etc., of land must be by deed. 4. Leases, etc., of land must be by deed. 5. Contingent
More informationBURCHELL MACDOUGALL AN OVERVIEW PROBATE, ESTATES AND THE LAND REGISTRATION ACT
BURCHELL MACDOUGALL PROBATE, ESTATES AND THE LAND REGISTRATION ACT AN OVERVIEW Erin O'Brien Edmonds, Q.C. Suite 210, 255 Lacewood Drive Halifax, Nova Scotia B3M 4G2 Telephone (902) 445-2339 Facsimile (902)
More informationEXHIBIT "13" RESTRICTIVE COVENANT. THIS indenture dated the 20th day of October, 2011 (the Effective Date )
EXHIBIT "13" RESTRICTIVE COVENANT THIS indenture dated the 20th day of October, 2011 (the Effective Date ) BETWEEN: MATTERHORN VILLAGE DEVELOPMENTS INC. (Inc. # BC0151606) a body corporate incorporated
More informationW.16 - Perpetuities and accumulations
W.16 - Perpetuities and accumulations 16.1 The old rules 16.2 The common law rules 16.3 Reforms made in 1925 16.4 Perpetuities and Accumulations Act 1964 16.5 Summary of common law rules and legislation
More informationVICTORIAN PERPETUITIES LAW IN A NUTSHELL 1
VICTORIAN PERPETUITIES LAW IN A NUTSHELL 1 By P. W. HOGG* and H. A. J. FORDt The Perpetuities and Accumulations Act 1968 2 has reformed the rule against perpetuities in Victoria. The purpose of this article
More informationHow to Do a Perpetuities Problem
Cleveland State University EngagedScholarship@CSU Cleveland State Law Review Law Journals 1988 How to Do a Perpetuities Problem John Makdisi Cleveland State University Follow this and additional works
More informationMaine Revised Statutes. Title 33: PROPERTY
Maine Revised Statutes Title 33: PROPERTY Table of Contents Chapter 1. CONTRACTS FOR SALE OF REAL ESTATE... 3 Chapter 3. STATUTE OF FRAUDS... 5 Chapter 5. RULE AGAINST PERPETUITIES... 7 Chapter 6. AFFORDABLE
More informationTitle Transfer. When the title changes hands, this is called alienation.
Transfer 1 Title Transfer When the title changes hands, this is called alienation. 2 Involuntary Alienation Involuntary Transfer of Title Without the owner s consent. 3 Involuntary Transfer of Title The
More informationSIMULATED MBE ANALYSIS: REAL PROPERTY PROFESSOR ROBERT PUSHAW PEPPERDINE UNIVERSITY SCHOOL OF LAW
SIMULATED MBE ANALYSIS: REAL PROPERTY PROFESSOR ROBERT PUSHAW PEPPERDINE UNIVERSITY SCHOOL OF LAW Editor's Note 1: This handout contains a detailed answer explanation for each Real Property question that
More informationSCHEDULE U : EASEMENT FOR PARKING TERMS OF INSTRUMENT PART 2
SCHEDULE U : EASEMENT FOR PARKING [attach Land Title Act Form C General Filing Instrument Part 1] TERMS OF INSTRUMENT PART 2 This Easement dated for reference the day of,. BETWEEN: AND AND WHEREAS: bcimc
More informationReal Estate Records. and what they are
Real Estate Records and what they are Why record documents? Recording is Public notice for every transaction relating to the property. This is constructive notice whether or not the person has actual notice.
More information1. DEEDS & TRANSFER. I. Definitions
1. DEEDS & TRANSFER I. Definitions II. A. Deed: The evidence of ownership of all the real property which is inside the property boundaries as defined by the property description in the deed. In a transfer
More informationAn Act to provide for the incorporation of The Manitoba-Saskatchewan Conference of the Seventh-day Adventist Church
1995 CHAPTER 03 An Act to provide for the incorporation of The Manitoba-Saskatchewan Conference of the Seventh-day Adventist Church (Assented to March 28, 1995) WHEREAS there had existed for many years
More informationTHIS DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES, AND SECURITY AGREEMENT ("Deed of Trust") is made this day of, ("Grantor"), whose
i Recording Requested By and When Recorded Mail To: Tacoma Sewer Utility Conservation Loan Program 2201 Portland A venue Tacoma, Washington 98421 DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES AND SECURITY
More informationO conveys land to A for life, remainder to B, C, and D. B, C, and D are A s heirs apparent at law.
This is remarkable effort by a student in this year s class (2017), beautifully color-coded, that takes my 1969 set of objective questions and revises the answers according to this year s assumptions about
More informationProperty, Equitable Servitudes, Creation and Enforceability- pp , 772 November 20, 2006 Crusto s Socratic Dialogue
Property, Equitable Servitudes, Creation and Enforceability- pp. 746-768, 772 November 20, 2006 Crusto s Socratic Dialogue 1. Please provide an Analytical Overview of the Topic. We continue our study of
More informationAn Act respecting Montreal Trust Company and The Northern Trusts Company
MONTREAL TRUST COMPANY c. 104 1 An Act respecting Montreal Trust Company and The Northern Trusts Company being a Private Act Chapter 104 of the Statutes of Saskatchewan, 1954 (effective March 31, 1954).
More informationChapter 8: Deeds and Transfer of Title
Chapter 8: Deeds and Transfer of Title An * in the left margin indicates a change in the statute, rule or text since the last publication of the manual. I. Introduction Before the modern-day concept of
More informationDefeasible Estates Continued Future Interests
Defeasible Estates Continued Future Interests Ink v. City of Canton, 212 N.E.2d 574 (Ohio 1965), Casebook p. 257 Condemnation of a Determinable Fee The granting clause conveyed the land to the city for
More informationIN THE HIGH COURT OF SOUTH AFRICA NORTH GAUTENG DIVISION, PRETORIA BOITUMELO MARIA LEBUDI
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy IN THE HIGH COURT OF SOUTH AFRICA NORTH GAUTENG
More informationAnswer A to Question 5
Answer A to Question 5 Betty and Ed s Interests Ann, Betty, and Celia originally took title to the condo as joint tenants with right of survivorship. A joint tenancy is characterized by the four unities
More informationWills--Future Interests--Vesting of Estates (In re Montgomery Estate, 258 App. Div. 64 (2d Dep't 1939))
St. John's Law Review Volume 14, April 1940, Number 2 Article 26 Wills--Future Interests--Vesting of Estates (In re Montgomery Estate, 258 App. Div. 64 (2d Dep't 1939)) St. John's Law Review Follow this
More informationNew Jersey N2K Hour: Effects of Death and Estate Issues
New Jersey N2K Hour: Effects of Death and Estate Issues Webex Presentation: March 13, 2018 FEATURING: JOHN CROWLEY, ESQ. DAVID RUBIN, ESQ. LARRY BELL, ESQ Stewart Title N2K Hour: Presenting Education,
More informationCox HANSON O'REILLY MATHESON
Cox HANSON O'REILLY MATHESON 1100 Purdy's Wharf Tower One 1959 Upper Water Street Halifax, Nova Scotia, Canada Correspondence PO Box 2380 Stn Central RPO Halifax NS B3J 3E5 ANTHONY L. CHAPMAN, Q.C. Barrister
More informationHello Plat Review, I have a question.
Hello Plat Review, I have a question. January 24, 2018 2018 Surveyors' Institute 1 When do I have to do a subdivision plat? January 24, 2018 2018 Surveyors' Institute 2 236.02 (12) Definitions. Requires
More informationPOPE " OF " ROME ON THE " TIBER.
POPE " OF " ROME ON THE " TIBER. On 13th May, 1664, the Colonial authorities of Maryland issued to Francis Pope a patent for a tract of land oi 400 acres situated on Tiber " Creek which he named Rome."
More informationSTANDARDS GOVERNING CONVEYANCES OF REAL PROPERTY IN DARKE COUNTY, OHIO
STANDARDS GOVERNING CONVEYANCES OF REAL PROPERTY IN DARKE COUNTY, OHIO As directed by Section 319.203 of the Ohio Revised Code which states The County Auditor and the County Engineer shall adopt standards
More informationManitoba DEVELOPMENT SCHEMES. Report #113 June Law Reform Commission. Woodsworth Building. Commission de réforme du droit
Manitoba Law Reform Commission Commission de réforme du droit th 12 Floor Woodsworth Building 405 Broadway Winnipeg MB R3C 3L6 CANADA PH: (204) 945-2896 FAX: (204) 948-2184 DEVELOPMENT SCHEMES Report #113
More informationTRANSFER OF DEVELOPMENT RIGHTS CONSERVATION EASEMENT
After Recording Return to: Snohomish County Planning and Development Services TDR Program Manager 3000 Rockefeller Ave. M/S #604 Everett, WA 98201 Tax Parcel Numbers: TRANSFER OF DEVELOPMENT RIGHTS CONSERVATION
More informationREAL PROPERTY TRANSFER TAX ACT
c t REAL PROPERTY TRANSFER TAX ACT PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to October 1, 2016. It is intended for information
More informationSuspension of the Power of Alienation
Cornell Law Library Scholarship@Cornell Law: A Digital Repository Historical Theses and Dissertations Collection Historical Cornell Law School 1892 Suspension of the Power of Alienation R. E. Middaugh
More informationSTORM DRAINAGE EASEMENT FOR PUBLIC STORMWATER RUNOFF (DISCHARGE) TO
After recording return to: Tacoma Mall Plaza 2702 S. 42nd Street, Suite 201 Tacoma, WA 98409-7322 STORM DRAINAGE EASEMENT FOR PUBLIC STORMWATER RUNOFF (DISCHARGE) TO (Representative) S/T/R Project Name
More informationQuiz When a person receives property from another, the recipient is called the: A) grantor. B) mortgagor. C) grantee. D) decedent.
Quiz 6 A) evidentiary notice. B) clear notice. C) constructive notice. D) actual notice. A) seller. B) lender. C) purchaser. D) adjoining landowners. 3. In a general warranty deed, the grantor warrants
More informationDeed Recording Fee SOUTH CAROLINA DEPARTMENT OF REVENUE OFFICE OF GENERAL COUNSEL / POLICY SECTION
Deed Recording Fee SOUTH CAROLINA DEPARTMENT OF REVENUE OFFICE OF GENERAL COUNSEL / POLICY SECTION JUNE 2015 DISCLAIMER This publication is written in general terms for widest possible use and may not
More informationDEED OF TRUST (For use in the State of Washington only)
When recorded return to: DEED OF TRUST (For use in the State of Washington only) THIS DEED OF TRUST, made this day of between as GRANTOR(S),, and as TRUSTEE, and as BENEFICIARY, WITNESSETH: Grantor(s)
More informationMETIS SETTLEMENTS SUBDIVISION REGULATION
Province of Alberta METIS SETTLEMENTS ACT METIS SETTLEMENTS SUBDIVISION REGULATION Alberta Regulation 363/1991 With amendments up to and including Alberta Regulation 58/2004 Office Consolidation Published
More informationNational Practice Questions. II. Forms of Ownership, Transfer, and Recording of Title
National Practice Questions II. Forms of Ownership, Transfer, and Recording of Title 1. John gave a house to his daughters Mary and Sally. Sally dies. Mary inherits all of the house over the objections
More informationPort Malabar Holiday Park Mobile Home Park Recreation District. Deed Restrictions, Rules and Regulations. Restriction of Deed
Port Malabar Holiday Park Mobile Home Park Recreation District Deed Restrictions, Rules and Regulations Restriction of Deed The Declaration of Restrictions, Conditions, Covenant and Reservations affecting
More informationTITLE 29. THE NON TRIBAL MEMBER SURVIVING SPOUSE LAW CHAPTER 1. PURPOSE, POLICY, DEFINITIONS
TITLE 29. THE NON TRIBAL MEMBER SURVIVING SPOUSE LAW CHAPTER 1. PURPOSE, POLICY, DEFINITIONS 29 M.P.T.L. ch. 1 1 1. Title The title of this Law shall be the Mashantucket Pequot Surviving Spouse Law. 29
More informationc 343 Perpetuities Act
Ontario: Revised Statutes 1970 c 343 Perpetuities Act Ontario Queen's Printer for Ontario, 1970 Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/rso Bibliographic Citation Perpetuities
More informationConcurrent Ownership and Oil and Gas Leasing in Arkansas
University of Arkansas, Fayetteville ScholarWorks@UARK Annual of the Arkansas Natural Resources Law Institute School of Law 2-2006 Concurrent Ownership and Oil and Gas Leasing in Arkansas Phillip Norvell
More informationNOTICE TO COURT OF DECEDENT S MEDICAID STATUS
IN THE COURT OF COMMON PLEAS PIKE COUNTY, OHIO PROBATE DIVISION ESTATE OF, DECEASED CASE NO: DATE OF DEATH: NOTICE TO COURT OF DECEDENT S MEDICAID STATUS The undersigned hereby certifies to the Court the
More informationSpecial Rules Governing Future Interests
1. The Merger Rule Special Rules Governing Future Interests The merger rule states that when one person holds a present possessory estate and the next vested future interest (i.e., there are no intervening
More informationGENERAL INSTRUMENT - PART 1 (This area for Land Title Office use) Page 1 of pages
LAND TITLE ACT FORM C (Section 233) Province of British Columbia GENERAL INSTRUMENT - PART 1 (This area for Land Title Office use) Page 1 of pages 1. APPLICATION: (Name, address, phone number and signature
More informationMAINE STATE LEGISLATURE
MAINE STATE LEGISLATURE The following document is provided by the LAW AND LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library http://legislature.maine.gov/lawlib Reproduced
More informationDECLARATION OF PARTY WALL RIGHTS, COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS
DECLARATION OF PARTY WALL RIGHTS, COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS This Declaration of Party Wall Rights, Covenants, Conditions, Restrictions and Easements (the Declaration) is made this
More informationQUESTION 2: SELECTED ANSWER A
QUESTION 2: SELECTED ANSWER A 1. Interests in Greenacre To determine who has what interest in Greenacre (G), the validity and effect of each transfer/agreement must be determined. Generally, property may
More informationThe Homesteads Act, 1989
1 HOMESTEADS, 1989 c. H-5.1 The Homesteads Act, 1989 being Chapter H-5.1 of the Statutes of Saskatchewan, 1989-90 (effective December 1, 1989) as amended by the Statutes of Saskatchewan, 1992, c.27; 1993,
More informationan Indian Band on his own behalf and on behalf of all members of-the Opetchesaht Plaintiffs (Respondents) HER MAJESTY THE QUEEN IN RIGHT OF CANADA
' J?&'OD0 &!; ci P,(:. i/ :,,.;.,,. -. Vancouver Registry LC: 92-0911 Victoria Registry COURT 03 APPEAL And : And : an Indian Band on his own behalf and on behalf of all members of-the Opetchesaht Plaintiffs
More informationELECTRONIC CONVEYANCING IN ESTATE SITUATIONS. by Bonnie Yagar, Pallett Valo LLP
ELECTRONIC CONVEYANCING IN ESTATE SITUATIONS by Bonnie Yagar, Pallett Valo LLP Although there are some differences in the way conveyancing is done in the electronic format, and still some bugs to be worked
More informationREFORM OF THE RULE AGAINST PERPETUITIES IN WESTERN AUSTRALIA.
REFORM OF THE RULE AGAINST PERPETUITIES IN WESTERN AUSTRALIA. While the common law Rule against Perpetuities has been the subject of revision in the United States ever since the New York legislation of
More informationDeeds: Topics to be Covered. Deeds MAY (but Need Not) Include: Valid Deed MUST Include:
Deeds: Topics to be Covered What a deed is (and is not) Types of deeds Contents of deeds Mandatory contents Optional contents Special/idiosyncratic requirements Impact of errors in the preparation/execution
More informationSECTION 14 of Chapter 62, Revised Statutes of
CHAPTER 20 What Suspends the Absolute Power of Alienation? SECTION 14 of Chapter 62, Revised Statutes of 1846, provided, "the absolute power of alienation... is suspended when there are no persons in being,
More informationIN THE SUPREME COURT OF BELIZE CLAIM: No. 275 of 2007 AND
IN THE SUPREME COURT OF BELIZE 2007 CLAIM: No. 275 of 2007 BETWEEN: WARD MCGREGOR CLAIMANT AND WILLIAM NEAL AND ATTORNEY GENERAL (for the Minister of Natural Resources and the Environment DEFENDANT/ANCILLARY
More informationDEED OF TRUST (For use in the State of Washington only)
When recorded return to: DEED OF TRUST (For use in the State of Washington only) THIS DEED OF TRUST, made this day of between as GRANTOR(S),, and as TRUSTEE, and as BENEFICIARY, WITNESSETH: Grantor(s)
More informationCITY OF SURREY BY-LAW NO A Bylaw to establish a revitalization tax exemption program...
CITY OF SURREY BY-LAW NO. 16120 A Bylaw to establish a revitalization tax exemption program... WHEREAS a City Council may, pursuant to Section 226 of the "Community Charter" establish a revitalization
More informationIN THE COURT OF APPEALS OF TENNESSEE AT JACKSON JULY 22, 2009 Session. IRIS TERESA BOWLING CHAMBERS v. FAYE BOWLING DEVORE, ET AL.
IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON JULY 22, 2009 Session IRIS TERESA BOWLING CHAMBERS v. FAYE BOWLING DEVORE, ET AL. Direct Appeal from the Chancery Court for Fayette County No. 14533 William
More informationNC General Statutes - Chapter 41 1
Chapter 41. Estates Article 1. Survivorship Rights and Future Interests. 41-1. Fee tail converted into fee simple. Every person seized of an estate in tail shall be deemed to be seized of the same in fee
More informationEstates Terminology. Course Objectives. Terminology People. Terminology People. Terminology People. Terminology People
Course Objectives Estates Terminology To develop a basic familiarity with terms used in the administration of Decedent s Estates. Note: Estates Courses/Additional Training and Resources The use of the
More informationDISTRICT OF SICAMOUS BYLAW NO A bylaw of the District of Sicamous to establish a Revitalization Tax Exemption Program
DISTRICT OF SICAMOUS BYLAW NO. 917 A bylaw of the District of Sicamous to establish a Revitalization Tax Exemption Program WHEREAS under the provisions of Section 226 of the Community Charter, the Council
More informationSCHEDULE S Construction Covenant. [attach Land Title Act Form C General Filing Instrument Part 1] TERMS OF INSTRUMENT - PART 2
SCHEDULE S Construction Covenant [attach Land Title Act Form C General Filing Instrument Part 1] TERMS OF INSTRUMENT - PART 2 THIS AGREEMENT is dated for reference the day of,. BETWEEN: 1040985 B.C. LTD.
More informationPOLICY. Cancels: ^ I Approved By: Mitchell Brells, P.E. DE POL ROUTING PUBLIC ROAD DRAINAGE TO PRIVATE STORMWATER SYSTEMS
Effective Date : 07/25/2005 Number of Pages: 2 POLICY Cancels: ^ I See Also : Approved By: Mitchell Brells, P.E. DE POL - 4003 ROUTING PUBLIC ROAD DRAINAGE TO PRIVATE STORMWATER SYSTEMS This policy establishes
More informationYour search of the Calm County land records revealed the following properly-executed documents, all of which were promptly recorded:
PROPERTY ESSAY QUESTION Professor Vollmar Spring 2010 In 1990, Simon Speculator purchased a 300-acre estate called Gardendale from George and Gail Flowers. The estate is located in Calm County, in the
More informationName: Date: 1. Generally, an oral lease for five years is A) illegal. B) unenforceable. C) a short-term lease. D) renewable only in writing.
Name: Date: 1. Generally, an oral lease for five years is A) illegal. B) unenforceable. C) a short-term lease. D) renewable only in writing. 2. The lessor and lessee have agreed to a lease term of five
More informationADAMS V. BLUMENSHINE, 1922-NMSC-010, 27 N.M. 643, 204 P. 66 (S. Ct. 1922) ADAMS et al. vs. BLUMENSHINE
1 ADAMS V. BLUMENSHINE, 1922-NMSC-010, 27 N.M. 643, 204 P. 66 (S. Ct. 1922) ADAMS et al. vs. BLUMENSHINE No. 2646 SUPREME COURT OF NEW MEXICO 1922-NMSC-010, 27 N.M. 643, 204 P. 66 January 13, 1922 Appeal
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS E. RICHARD RANDOLPH and BETTY J. RANDOLPH, Plaintiffs-Appellants, FOR PUBLICATION October 3, 2006 9:00 a.m. v No. 259943 Newaygo Circuit Court CLARENCE E. REISIG, MONICA
More information4. Exposed concrete foundation walls shall not be visible on exterior of home. Home s exterior material to be continued down to grade level.
DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS RELATING TO THE FAIRLAND FARMS SUBDIVISION, NORTH WHITEHALL TOWNSHIP, THE SUBDIVISION MAP OF WHICH IS RECORDED IN MAP BOOK VOLUME 32, PAGES 11 17. The
More informationAPPLICATION FOR DISTRIBUTION OF GENERAL CAPITAL CREDITS RETIREMENT OF DECEASED MEMBER
(Please refer to instructions.) Decedent [Please attach copy of Death Certificate(s)] Applicant APPLICATION FOR DISTRIBUTION OF GENERAL CAPITAL CREDITS RETIREMENT OF DECEASED MEMBER REMC Customer Number
More informationPlease note that this is the only official copy we will issue. We will not issue a paper official copy.
The electronic official copy of the register follows this message. Please note that this is the only official copy we will issue. We will not issue a paper official copy. Edition date 07.11.2017 This official
More informationThird District Court of Appeal State of Florida, July Term, A.D. 2011
Third District Court of Appeal State of Florida, July Term, A.D. 2011 Opinion filed February 1, 2012. Not final until disposition of timely filed motion for rehearing. No. 3D09-773 Lower Tribunal No. 06-25656
More informationRecitals. WHEREAS, Grantor owns real property ("Property"), under which Improvements (as defined in Section 1 below) will pass; and
EASEMENT AGREEMENT This Easement Agreement ("Agreement") effective this 24 th day of April, 2017, by and between YMCA Community Campus, LLC, whose address is 3200 Spaulding Avenue, Pueblo, CO 81008 ( Grantor
More informationSuccession Planning Terms and Definitions
Succession Planning Terms and Definitions Alternate valuation date - A date exactly six months following the decedent s date of death that the personal representative may choose to revalue, for estate
More informationWatson Property Fall 1992 PART I -- QUESTION 1
Watson Property Fall 1992 PART I -- QUESTION 1 Ann decided in 1990 that it was time to sell her home, and she accepted an offer from Bob for $75,000. Ann gave Bob a deed which contained the following clause:
More informationWASHINGTON STATE COUNTY AUDITOR/RECORDER'S INDEXING FORM
AFTER RECORDING RETURN TO: The City of Gig Harbor Attn: City Clerk 3510 Grandview St. Gig Harbor, WA 98335 WASHINGTON STATE COUNTY AUDITOR/RECORDER'S INDEXING FORM Document Title(s) (or transactions contained
More informationMarch Recommended Practices New York State Land Title Association, Inc. TABLE OF CONTENTS GENERAL PRACTICES
Recommended Practices New York State Land Title Association, Inc. TABLE OF CONTENTS GENERAL PRACTICES PAGE G-1 Building Department Notice of Pendency (Lis Pendens)... 3 G-2 Deed From Fiduciary Consideration...
More information