Watson Property Fall 1992 PART I -- QUESTION 1

Similar documents
PLEASE DO NOT REMOVE THIS QUESTION BOOKLET FROM THE EXAM ROOM. PROPERTY: SAMPLE OBJECTIVE QUESTIONS. Professor Donahue. Date. Time

O conveys land to A for life, remainder to B, C, and D. B, C, and D are A s heirs apparent at law.

Comments on Perpetuities Problems at Supp O A and his heirs so long as the land is used for residential purposes.

SAMPLE ANSWERS TO SHORT ANSWER QUESTIONS FROM SPRING 2005 AND SPRING 2006 EXAMS

February 2009 Bar Examination

Answers to Estates and Future Interests Problems in the Book and Some More Problems

Nuts & Bolts of Seller Financed Transactions

Chapter 4 Questions: Interests in Real Estate

Deeds: Topics to be Covered. Deeds MAY (but Need Not) Include: Valid Deed MUST Include:

Title Transfer. When the title changes hands, this is called alienation.

Sample Property Questions See Answer Key for Source Material

Your search of the Calm County land records revealed the following properly-executed documents, all of which were promptly recorded:

Understanding Real Property Interests and Deeds» By Brad Dashoff and John Antonacci. Understanding Real Property Interests and Deeds

THIS INSTRUMENT IS AN OPEN-ENDED MORTGAGE FOR PURPOSES OF TCA

DEED OF TRUST PUBLIC TRUSTEE

Community Land Trust Ground Lease Rider

1. DEEDS & TRANSFER. I. Definitions

Chapter 52 Transfer and Control of Real Property

TRANSFER OF DEVELOPMENT RIGHTS CONSERVATION EASEMENT

VIRGINIA REAL PROPERTY DISTINCTIONS MICHAEL DORAN UNIVERSITY OF VIRGINIA SCHOOL OF LAW

DEED RESTRICTION AGREEMENT FOR THE OCCUPANCY AND TRANSFER OF CHAMONIX VAIL RESIDENTIAL DWELLING UNITS

How to Do a Perpetuities Problem

DECLARATION OF DECLARANT SEPTEMBER 2007

COMMERCIAL REAL ESTATE PURCHASE AGREEMENT AND DEPOSIT RECEIPT. This Real Estate Purchase Agreement and Deposit Receipt ( Agreement ) is made between:

CHAPTER 1: THE CONCEPT OF PROPERTY RELATED TO WILLS, TRUSTS, AND ESTATE ADMINISTRATION

DECLARATION OF RESTRICTIONS AND COVENANTS

Real Estate Records. and what they are

PRESENTED AT. 19 th Annual Estate Planning, Guardianship and Elder Law Conference. August 2, 3-4, 2017 Galveston, Texas

THIS COMMUNITY LAND TRUST GROUND LEASE RIDER (the Rider ) is made this day of,, and amends and supplements a certain ground lease (the CLT Ground

CONTRACT FOR SALE OF REAL ESTATE

Blaire Meadows Homeowners Association Board of Directors And By Laws And Declarations

To achieve the conservation purposes, the following conditions and restrictions are set forth:

NORTH CAROLINA DEED OF TRUST NORTH CAROLINA HOUSING FINANCE AGENCY $15,000 DPA Program Only

SELF-CANCELING INSTALLMENT SALES AGREEMENT

Part 1 ESTATES CLASSIFIED AS TO DURATION Section Estates classified Estates tail abolished; future estates limited thereon

Chapter 7 Questions Interests in Real Estate

TRANSFER OF DEVELOPMENT RIGHTS CONSERVATION EASEMENT

Introduction to Leases:

1a. Analyze the dollar amount of LT's and R's 1984

Declaration of Covenants, Conditions, Restrictions, and Easements 9 acres or less

HOME PROGRAM HOMEOWNER REHABILITATION NOTE, Tennessee, 20

Agnew Law Office, P.C.

ASSIGNMENT OF LEASES AND RENTS

DECLARATION OF RESTRICTIONS BY THE OWNERS OF "THE COLONY"

10. Signage. Purchaser shall have the right during the Option Period to place a for sale sign on the Property.

Section 4.1 LAND TITLE

see schedule 3. ENCUMBRANCES, LIENS AND INTERESTS The within document is subject to instrument number(s)

2. Attach copy of Certified Abutters List for abutters within 300 feet of the effected property line. (Form for Assessor s Office attached)

MORTGAGE. THIS INSTRUMENT ( Mortgage )

How a Lady Bird Deed Works. General Warranty Deeds. Special Warranty Deeds. The Difference Can Be Critical

THIS CONVEYANCE IS SUBJECT TO

subject to open future children of B will be excluded from the class

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES

The Bank of Nova Scotia Collateral Mortgage NOTES TO SOLICITORS

The Use of Negative Easements To Facilitate Construction Projects

BOUNDARY ADJUSTMENT AGREEMENT RECITALS:

Dated October 14, 1966 As to Acknowledged October 14, 1966 University Hills No. 2 Subdivision Reported October 18, 1966 Liber 1954, Page 28

LEASE AGREEMENT FOR RENTING OUT RESIDENTIAL FLAT / PROPERTY IN INDIA (1)

A lease may be written or verbal.

WASHINGTON STATE COUNTY AUDITOR/RECORDER'S INDEXING FORM

Office of the Wayne County Treasurer Terms and Conditions of Sale October 10 October 24, 2018 Tax Foreclosed Property Auction Internet Bidding

WATER CONSERVATION EASEMENT

GENERAL WARRANTY DEED

Tax Map Key Nos. (1) : 003, :004 and :008 CPR No. Total Pages: Unit No.

QUESTION 2: SELECTED ANSWER A

OFFER TO PURCHASE AND CONTRACT

CONTRACT TO PURCHASE

Port Malabar Holiday Park Mobile Home Park Recreation District. Deed Restrictions, Rules and Regulations. Restriction of Deed

Town of Poland, Maine Notice of Public Sale of Tax Acquired Property

AUCTION REAL ESTATE SALES CONTRACT

GREAT HAWK OWNERS ASSOCIATION, INC. PROTECTIVE COVENANTS

REAL ESTATE PURCHASE AND SALE CONTRACT

LAND SALE CONTRACT Josephine County, Oregon

AGREEMENT OF PURCHASE AND SALE. This Agreement of Purchase and Sale ( Agreement ( Agreement ), dated as of,is made by and between:

CLEARWATER FARMS UNIT II DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS

That we, Earl Galceran, Jack J. Valenti, William W. Sherrill, Jack E. Wilson and Welcome

PROPERTY EXCHANGE & CONVEYANCE AGREEMENT RECITALS

Timber Trails Homeowners Associations PREAMBLE

LAND INSTALLMENT CONTRACT

National Practice Questions. II. Forms of Ownership, Transfer, and Recording of Title

DEED OF EASEMENT & MAINTENANCE AGREEMENT FOR STORMWATER MANAGEMENT FACILITIES THIS DEED OF EASEMENT AND MAINTENANCE AGREEMENT FOR

DECLARATIONS OF COVENANTS, RESTRICTIONS, CONDITIONS AND RESERVATIONS

CONTRACT TO PURCHASE. Contract to Purchase 1

Joint Ownership And Its Challenges: Using Entities to Limit Liability

DEVELOPMENT AGREEMENT

PURCHASE AGREEMENT. 4. CONTINGENCIES. This Purchase Agreement is contingent upon the satisfaction of the following conditions:

VIRGINIA ASSOCIATION OF REALTORS Commercial Purchase Agreement

COMMERCIAL PROPERTY LEASE AGREEMENT

MORTGAGE PART 1 (This area for Land Title Office use) Page 1 of pages

FRACTIONAL INTEREST AGREEMENT

Washtenaw County Treasurer Terms and Conditions of Sale July 20, August 24, and September 28, 2018

COVENANTS AND RESTRICTIONS VALHALLA DIVISION NO. 1

Gas Gathering Agreements: The Treatment of GGAs as Executory Contracts in Bankruptcy

Sample Exam 1 Textbook Rationales

CITY OF SURREY BY-LAW NO A Bylaw to establish a revitalization tax exemption program...

AIR RIGHTS OPTION AGREEMENT

DEED OF EASEMENT AND AGREEMENT Forest Conservation Easement

A Bill Regular Session, 2005 HOUSE BILL 1137

LEASE AGREEMENT Premises Rent

REAL PROPERTY Copyright February, 2005 State Bar of California

Transcription:

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: "Ann, her heirs, and assigns, hereby covenant with and warrant to Bob, his heirs and assigns, that Ann is seized of an indefeasible estate in and to the said property, that said property is free from all liens and encumbrances, and that Ann, her heirs and assigns, will guarantee quiet enjoyment thereof." The deed was immediately recorded. In 1991, Bob sold the property to Carol for $80,000. Bob gave Carol a quitclaim deed, which Carol also immediately recorded. Shortly after moving in, Carol informed her neighbor Dirk that, due to her susceptibility to severe allergic reactions, she could not be around dogs. Carol asked Dirk if he would sign the following agreement that Carol had prepared: "Dirk hereby agrees that he, his heirs and assigns, will never keep dogs on the premises. This promise is for the benefit of Carol, who is very allergic to dogs." Since Dirk had no intention of ever owning dogs, he had no problem with the agreement and signed it. A copy of the signed agreement was given to Dirk the next day. Carol kept the original in her desk drawer. file:///c /Documents%20and%20Settings/Joe/Desktop/past%20exams/PropF92.htm (1 of 7)7/6/2006 3:02:16 PM

A year later, in 1992, Dirk decided to sell his home and move to Holland. While standing in Dirk's fenced-in yard, prospective buyer Ed asked Dirk if dogs were allowed as pets in the neighborhood. Dirk responded as follows: "As a former member of the city council, I know that our local ordinance expressly states that 'ownership of dogs within the city limits is permitted so long as the owner's yard is fenced.' I personally have never had time for a pet, but lots of people around here have dogs and cats. I should tell you, however, that my neighbor Carol is not fond of animals and prefers not to be near them. She suffers from allergies." Dirk then went back into the house, and returned with the copy of his agreement with Carol, as well as a copy of the applicable local city zoning ordinance. Dirk handed both documents to Ed, who placed them in his coat pocket, shook hands, and left. Ed never read either document, and never again discussed the issue of dogs with Dirk. Ed agreed to buy the property for $90,000, and Dirk conveyed the land to Ed by a quitclaim deed which contained no mention of the written agreement between Dirk and Carol. Ed immediately recorded the deed. Ed moved in a month ago, along with his four dogs. Although Ed situated the kennel as far away as possible from Carol, she nevertheless immediately developed a severe allergic reaction to the dogs, which caused Carol to incur $1000 in medical expenses and forced her to cancel a $4000 nonrefundable, prepaid, vacation trip to India. Carol confronted Ed last week and asked him to get rid of his pets. Ed refused, noting that he is in full compliance with the applicable city ordinance. Carol then asked Ed to at least keep his dogs inside so that Carol would not have to file:///c /Documents%20and%20Settings/Joe/Desktop/past%20exams/PropF92.htm (2 of 7)7/6/2006 3:02:16 PM

listen to "their barking noises" at night. Ed, asserting that his dogs bark no more than other dogs, refused. a. Carol comes to you seeking legal advice. She wants to make Ed get rid of the dogs. She also wants to recover damages for her monetary losses, which were directly attributable to the presence of the dogs. Advise Carol by noting, and evaluating, the possible causes of action (and remedies) she has against Ed. Inform Carol as to the defenses Ed will raise, and whether such defenses will likely succeed. b. The day before Carol comes to see you, she did a title search of her property for the first time. To her dismay, she discovered that Ann had mortgaged the property in 1988 as security for a $10,000 loan. The bank which lent Ann the money had immediately recorded the mortgage. Carol is extremely upset by the possibility that the bank might foreclose on her property if Ann ever defaults on the loan. Carol is also quite angry that her predecessor, Bob, did not inform her of the outstanding mortgage. Carol wants to sue both Ann and Bob. Advise Carol by noting, and evaluating, the possible causes of action (and remedies) she has against Ann and Bob. Inform her as to the defenses they will raise, and whether such defenses will likely succeed. PART I -- QUESTION #2 Marty owns 40 acres of land. His home is located on the northern half of the property, and the land slopes very gradually southward to a scenic road that runs parallel to a river. In short, Marty has a beautiful estate with a file:///c /Documents%20and%20Settings/Joe/Desktop/past%20exams/PropF92.htm (3 of 7)7/6/2006 3:02:16 PM

magnificent view. A beautiful view, however, will not pay for his son's impending college tuition, so Marty has decided to sell some of his land. Marty is not a rich man, and every extra dollar he can make from this venture will be one less dollar he will have to borrow from the bank in order to finance his son's college education. Marty comes to you for legal advice. The plan is to divide the southern 20 acres into ten lots. The northern border of each lot will touch Marty's retained land, and the southern border of each lot will abut, and access, the scenic road. He informs you that he does not want any of the 20 lots to be fenced because he wants to ensure that at least some of his view of the river will remain after subdividing the southern half of his land. While it is true that Marty feels strongly about this for personal reasons, it is also undisputed that the market value of the retained land will decrease if a view of the river is not preserved. Because of this fact, Marty wants to make sure that he and his successors can prevent the grantees and their successors from fencing the lots. Please identify the different ways that Marty can structure the conveyances to accomplish his objectives of maximizing his return from the sale of the lots while preventing the lots from being fenced. In particular, you should assist Marty in the following manner: (1) identify a particular approach to Marty's problem; (2) briefly describe the property interest(s) created by the approach under consideration; (3) briefly describe the requirements, if any, that must be met (or actions taken) in order to ensure that the particular approach at issue will be enforceable by Marty and his successors and will bind the grantees and their file:///c /Documents%20and%20Settings/Joe/Desktop/past%20exams/PropF92.htm (4 of 7)7/6/2006 3:02:16 PM

successors. (4) repeat steps (1)-(3) for any other possible ways to structure the conveyances that would enable Marty to achieve his objectives. After providing Marty with this information, please think about and note any advantages or disadvantages to the approaches identified, so that Marty can select the best means by which to structure the conveyances in order to accomplish his objectives. PART II -- SHORT ANSWER QUESTIONS For Questions 1 through 3: Please identify the present, future, and concurrent estates created or retained. Indicate the interests that are subject to the common law Rule Against Perpetuities. If a property interest is subject to the Rule, explain why it violates -- or does not violate -- the Rule. Finally, if an interest violates the Rule Against Perpetuities, discuss the effect the violation has on the property interest and other property interests in the conveyance. In each problem, the grantor/devisor has a fee simple absolute, the year is 1992, and all recipients of interests are alive. You do not have to raise a use in order to create an executory interest. The common law doctrines of destructibility of contingent remainders, the Doctrine of Worthier Title, and dower and curtesy have been abolished. The Rule in Shelley's Case has not been abolished. The common-law Rule Against Perpetuities applies without statutory modification. file:///c /Documents%20and%20Settings/Joe/Desktop/past%20exams/PropF92.htm (5 of 7)7/6/2006 3:02:16 PM

QUESTION #1: Katherine conveys Blackacre "to Evelyn for life, remainder to Andy for life if Andy has reached age 30 when Evelyn dies, remainder to the children of Billy and their heirs." At the time of the conveyance, Andy is 28 and Billy has one child, named Eben. QUESTION #2: Jack devises Greenacre "to my grandchildren who reach age 25." Jack is survived by two children (Chris and Linda), and two grandchildren (Peter and Kate). At the time of Jack's death, Peter is 28 and Kate is 27. QUESTION #3: Ellen conveys Brownacre "to Al's first grandchild to reach 18." At the time of the conveyance, Al has one son, Jeff, and no grandchildren. QUESTION #4: Ned conveyed Blackacre "to Vicki, John, and Delores as joint tenants, not tenants in common, with right of survivorship." Delores moved onto the property, made some repairs, and also put an addition on the house. John deeded "my interest in Blackacre" to David. Vicki died, devising "everything I own to my son Julius." At this point, a decision was made to sell the property. A partition suit was filed to determine (1) the present state of ownership; and (2) whether the court should make an allowance, when allocating the proceeds of the sale, for the repairs and/or the improvements made by Delores. What result, and why? QUESTION #5: file:///c /Documents%20and%20Settings/Joe/Desktop/past%20exams/PropF92.htm (6 of 7)7/6/2006 3:02:16 PM

By written agreement, Anne granted Peter the right to drive his tractor across a particular part of her land. Although Peter did not immediately record the agreement, he began to drive his tractor across the specified portion of Anne's land, and tire track "ruts" started to form in the pasture land. A year later, Anne sold her property to Alice for $100,000. The deed contained no mention of the right-ofway agreement, and Alice never actually witnessed Peter driving his tractor across the land. Three weeks later, Peter recorded the right-of-way agreement. A month later, Alice recorded her deed from Anne. When Peter then drove his tractor across the land, Alice objected and sued for trespass. In response, Peter claimed that Alice's ownership was subject to his right-of-way easement. Give the result, in Alice v. Peter, under each of the three recording acts (notice, race-notice, and race). file:///c /Documents%20and%20Settings/Joe/Desktop/past%20exams/PropF92.htm (7 of 7)7/6/2006 3:02:16 PM