PACE UNIVERSITY SCHOOL OF LAW
PROPERTY I -‑ VERSION A
PROFESSOR HUMBACH December
8, 1997
FINAL EXAMINATION TIME
LIMIT: 3 1/2 HOURS
IN TAKING THIS EXAMINATION,
YOU ARE REQUIRED TO COMPLY WITH THE SCHOOL OF LAW RULES AND PROCEDURES FOR
FINAL EXAMINATIONS. YOU ARE REMINDED TO
PLACE YOUR EXAMINATION NUMBER ON EACH EXAMINATION BOOK AND SIGN OUT WITH THE
PROCTOR, SUBMITTING TO HIM OR HER YOUR EXAMINATION BOOK(S) AND THE QUESTIONS
AT THE CONCLUSION OF THE EXAMINATION.
DO NOT UNDER ANY CIRCUMSTANCES
REVEAL YOUR IDENTITY ON YOUR EXAMINATION PAPERS OTHER THAN BY YOUR EXAMINATION
NUMBER. ACTIONS BY A STUDENT TO DEFEAT
THE ANONYMITY POLICY IS A MATTER OF ACADEMIC DISHONESTY.
GENERAL INSTRUCTIONS:
This examination
consists of multiple choice and true-false questions. Answer the questions on the answer sheet provided. Write
"Version A" on the answer sheet. Write it NOW. Also write your
examination number where it says "Write I.D. Number Here," and then
carefully mark your number in the blue-striped box labeled "Mark I.D.
Number Here." Do not skip lines. You should mark only one box in
each of the first five lines for your five digit examination number. This is
part of the test.
Answer each question
selecting the BEST answer. Mark your
choice on the answer sheet with the special pencil provided. Select only one
answer per question. If you change an answer, be sure to FULLY erase
your original answer or the question may be marked wrong. Make sure
your answer marks are dark. You may lose points if you do not mark
darkly enough.
When you complete the
examination, turn in the answer sheet together with this question booklet.
Every even-numbered
multiple choice question asks you to reanswer the preceding odd-numbered
question. Question 2, for example, asks you to reanswer question 1. If you are
fairly confident about your answer to the principal question, mark the same
answer for the "reanswer" question. If you can narrow the choice down
to two answers, however, and cannot decide which of the two is the better one,
you may wish to mark a different answer on the "reanswer" question. IMPORTANT
NOTE: If you decide to mark a different answer on a "reanswer"
question, at least one of your two answers will be wrong.
Unless the context
otherwise requires (such as where the facts are specifically stated to arise
in New York), base your answers on general common law principles as generally
applied in American common law jurisdictions.
Do not assume the existence of any facts or agreements not set forth in
the questions. Unless otherwise specified, assume that the period of
limitations on ejectment is 10 years.
Except as otherwise
specified, all conveyances are to be considered as if made, in each case, by a
deed having the effect of a bargain and sale, after the Statute of Uses, but
ignoring the effects of "modernizing" statutes and rules (e.g. which
eliminate the Rule in Shelley's Case, the Doctrine of Worthier Title or the
destructibility of contingent remainders). Ignore the possibility of dower and,
for perpetuities purposes, ignore the possibility of posthumous children in
gestation.
1.
While scavenging along a freeway, Goodlife found a diamond ring. The true owner
is unknown. Goodlife took the ring to a jeweller to have it cleaned. The
jeweller now refuses to return the ring to Goodlife. Goodlife wants to sue to
recover the ring from the jeweller:
a. Goodlife should sue
in trover.
b. Goodlife can only
succeed in recovering the ring by asserting a jus tertii under which he
does not claim.
c. The court should
refuse to allow the jeweller to defend by asserting a jus tertii under
which he does not claim.
d. Goodlife should not
be able to recover the ring from the jeweller because Goodlife has no more
right to the ring than the jeweller does.
2. Reanswer the previous question.
3.
Evans, a person in good health and not expecting to incur any unusual risks,
had a collection of 47 rare LP records. He wanted to give these LPs to his
nephew, Jim, who was 2000 miles away. However, neither Evans nor Jim is in a
position to travel and the two cannot meet face to face:
a. Evans can meet the
delivery requirement for a legal gift by declaring himself to be trustee of the
LPs for the benefit of Jim.
b. Evans can make an
effective gift of equitable title by declaring himself to be trustee of the LPs
for the benefit of Jim.
c. The delivery
requirement for a legal gift would be waived in a case such as this.
d. All of the above.
4. Reanswer the previous question.
5.
Suppose Evans said to Terry, who was visiting with him, "Here are some LPs
that I want to give to Jim. Please see that he gets them." Terry accepted
possession of the LPs but, before Terry could take them to Jim, Evans fell out
of a tree and was unexpectedly killed.
a. If Terry is deemed
to have been acting as Jim's agent, Jim owns the LPs.
b. If Terry is deemed
to have been acting as Evans's agent, Jim owns the LPs.
c. Both of above.
d. Terry holds legal
title to the LPs in trust for Jim.
6. Reanswer the previous question.
7.
Emily lent her co-worker Lucy an umbrella and $10 cash to take a taxi home. As
a result there was probably:
a. A bailment of the
umbrella and the cash.
b. A bailment of the
umbrella and a transfer of title to the cash.
c. A transfer of title
to both the umbrella and the cash.
d. A bailment of the
cash and a transfer of title to the umbrella.
8. Reanswer the previous question.
9.
Davey found a wallet on the floor of a supermarket in a "public or
semi-public place." As finder, Davey would probably have a claim to the
wallet that is:
a. Good against
supermarket owner.
b. Good against the
whole world.
c. Enforceable by
Davey even if he was trespassing at the time he made the find.
d. None of the above.
Davey would probably have no valid claim to the wallet.
10. Reanswer the previous question.
11.
Last year, Carrie lent a wooden rocking chair to Ed. Later, without being
asked, Ed put in several hours sanding and stripping the chair and then he brushed
on $5 worth of his own varnish. The chair remains of little value, however.
Carrie now demands the chair from Ed.
a. Carrie has no right
to reclaim possession of the chair from Ed because Ed has incorporated his own
personal labor into it.
b. Carrie has no right
to reclaim possession of the chair from Ed because Ed has incorporated his
varnish into it.
c. Both of above.
d. Carrie should be
able to recover possession of the chair in a replevin action.
12. Reanswer the previous question.
13.
Pelwell lent a rare old violin to Boe, who later took it to a shop for routine
repairs. The shop owner cracked the neck of the violin and, embarrassed,
refused to return it. Boe sued and the shop owner paid a jury verdict against
him as full damages for the value of the violin. If Pelwell now claims the
violin from the shop owner:
a. The shop owner
should be entitled to retain the violin because he has paid full damages to the
bailee.
b. The shop owner
should be entitled to retain the violin because, by paying the jury award, he
is in the same position as a bona fide purchaser for value, who cuts off prior
equities.
c. The shop owner
should be entitled to retain the violin only if he has already held the violin
for a period specified by the statute of limitations on actions to recover
possession.
d. The shop owner
should not be entitled to retain the violin.
14. Reanswer the previous question.
15.
Delacorte decided to give a solid gold bracelet as a present to Patricia. He
handed the bracelet to Patricia and she tried it on, but the clasp was
defective and did not stay closed. Delacorte said: "Let me take it back to
the jeweller and have it fixed. But this bracelet is yours." Patricia
returned the bracelet to Delacorte.
a. There is no way
that the delivery requirement could be found to have been met on these facts.
b. It appears that the
donor has become the donee of the bailee.
c. It appears that the
donor has become the bailee of the donee.
d. In law, Delacorte
has become the trustee of the bracelet.
e. The gift is, in
effect, in suspension until Delacorte redelivers the bracelet to Patricia.
16. Reanswer the previous question.
17.
Hammond Deggs decided to give an engagement ring to Marcy. For the occasion he
took her out to La Jambe de Grenouille, a very fancy restaurant.
Secretly, Hammond delivered the ring to the waiter with instructions that it be
brought to Marcy perched on top of a chocolate mousse dessert. The real value
of the ring greatly exceeded its apparent value. Before the waiter could bring
the ring to Marcy, he somehow lost it.
a. The waiter could be
liable for, at most, the apparent value of the ring.
b. In an action by Deggs
to recover for the loss of the ring, negligence on the part of the waiter would
be presumed.
c. In an action by
Deggs to recover for the loss of the ring, negligence on the part of the waiter
would be irrebuttably presumed.
d. The waiter could be
liable for the loss of the ring only if he misdelivered it.
e. There can be no
liability in this case because the bailment was gratuitous.
18. Reanswer the previous question.
19.
During his 1991 visit to Aunt Elizabeth, Randolph made an admiring comment
about her album of old family photos. Elizabeth said, "You always did like
that album, ever since you were a little boy. After I'm gone, I want you to
have it. Don't let anybody else take it. I want it to be for you." The
album remained in Aunt Elizabeth's possession for six more years, until she
passed away.
a. Randolph should be
entitled to the album based on the described statements, assuming they can be
proved.
b. If a typed note is
found in the album stating that Randolph should get the album, then Randolph
should be entitled to the album.
c. If, during
Randolph's 1991 visit, Aunt Elizabeth handed Randolph a note, signed by her,
saying: "I hereby give you my album of family photos, but I keep
possession of it until my death," then Randolph should be entitled to
possess the album after her death.
d. Aunt Elizabeth's
attempted gift of the album could succeed only if she delivered the album
itself to Randolph during her lifetime.
20. Reanswer
the previous question.
21.
Suppose that Randolph later visited Aunt Elizabeth at a time when she was very
ill and believed she was on her deathbed. He picked up an old tea tray that was
lying on a table across the room from where Aunt Elizabeth lay, and she said:
"I want you to have that tea tray. It's yours." Randolph took the tea
tray with him when he left later that same afternoon. Aunt Elizabeth regained
her full health shortly thereafter.
a. The attempted gift
probably was not complete because there is nothing in these facts to indicate
that there was a delivery.
b. The attempted gift
probably was not complete because there is nothing in these facts to indicate
that there was donative intent (as opposed to testamentary intent).
c. Aunt Elizabeth
would probably have the right to get the tea tray back now that she has
regained her full health.
d. All of the above.
22. Reanswer the previous question.
23.
Suppose that when Aunt Elizabeth was actually on her deathbed, she told
Randolph: "I want you to have that green vase. It's yours," and
Randolph took the vase away. Assume also that, after Aunt Elizabeth's death a
few days later, it was discovered that she had made a will specifically
bequeathing the very same green vase to Shirley. The vase should be held to
belong to Shirley if:
a. The will had been
made before the (attempted) gift of the vase to Randolph.
b. The will had been
made after the (attempted) gift of the vase to Randolph.
c. The will had been made
before or after the (attempted) gift of the vase to Randolph.
d. None of the above.
Will or no will, Randolph should be entitled to the vase.
24. Reanswer the previous question.
25.
For many years Liddelton has not objected when people from the surrounding
rural neighborhood come onto his land and fish from a stream that runs through
it. Recently, however, he has discovered that one of his neighbors, DuCran, has
been maintaining a trap line to catch fur-bearing animals along the stream. In
an action by Liddelton against DuCran to recover the value of the furs obtained
from animals caught on Liddelton's land:
a. Liddelton should be
able to recover on the ground that he is the owner of the wild animals located
on his land.
b. Liddelton should be
able to recover on the ground that a trespasser should not profit from his own
trespass.
c. Liddelton should
have no chance of recovering anything since it was his past practice not to
object when people came on his land to fish.
d. Liddelton should
have no chance of recovering anything since, under the common law rule of
"occupancy," wild animals are held to be the property of the person
who captures them.
26. Reanswer the previous question.
27.
Barker raises and trains red foxes to perform in TV commercials. His foxes all
bear ear brands showing they belong to Barker. A few weeks ago, several of
Barker's foxes chewed through their cage grills and got away. Later on, a hiker
found one of them, still alive, in one of DuCran's traps--this one located with
permission on land belonging to Anton. Similar foxes occur naturally in the
vicinity.
a. Barker should be
entitled to the fox if it has a habit of returning, or animus revertendi.
b. There is no
reasonable argument under which Barker would be entitled to the fox since it
had regained its natural liberty before getting caught in DuCran's trap.
c. Anton should be
entitled to the fox since it was caught on his land.
d. The hiker should be
entitled to the fox since it was the hiker who found it.
28. Reanswer the previous question.
29.
Rachel lent her car to her sister, Elaine, so that she could drive to her
college reunion, 350 miles away. On the way, Elaine was involved in an accident
caused by the sole negligence of Sims. There was $4000 damage to Rachel's car:
a. Sims is liable to
Rachel for the $4000 damage to her car.
b. Sims can be held
liable to either Rachel or Elaine for the $4000 damage to Rachel's car.
c. Both of the above.
d. Elaine is liable to
Rachel for the $4000 damage to her car.
e. All of the above.
30. Reanswer the previous question.
31.
Earlier this year the Kellertons bought a 150 year old house with the intention
of fixing it up. Several months after moving in, they engaged a contractor to
replace the kitchen floor. While taking up some old floor boards, the
contractor discovered a small hidden box that turned out to contain 25 gold
coins from the Civil War era.
a. In states that
apply the so-called English rule (generally preferring the one who had the
locus in quo), the contractor would have a better claim than the
Kellertons to the coins.
b. In states that
apply the so-called English rule (generally preferring the one who had the
locus in quo), the Kellertons would have a better claim than the
contractor to the coins.
c. In states that
apply the distinction between lost and mislaid property, neither the contractor
nor the Kellertons would have an enforceable claim to the coins.
d. The Kellertons
should be entitled to the coins because, as owners of the house, they would be
deemed the true owners of the coins.
32. Reanswer the previous question.
33.
Assume again that the Kellertons engaged a contractor to replace their kitchen
floor and that, while taking up some old floor boards, the contractor
discovered a small hidden box containing Civil War gold coins. Haddem Ferst,
the previous owner of the house, has now demanded possession of the coins.
Ferst lived in the house until the Kellertons bought it earlier this year:
a. Ferst has no
reasonable legal basis to claim the coins unless he can show he was the true
owner of them.
b. Ferst has no
reasonable legal basis to claim the coins unless he can show that he at least
knew of their presence at the time he lived in the house.
c. Ferst has no
reasonable legal basis to claim the coins unless the coins could be considered
to have become a part of the house, analogously to buried things becoming a
part of the soil.
d. Ferst has a
reasonably good legal basis for claiming the coins if the jurisdiction follows
the rule that would prefer the Kellertons' claim over that of the contractor
who found them.
34. Reanswer the previous question.
Facts for Lunkin-Della questions
Lunkin leased an apartment to Della for a
term of 4 years. After possessing the demised premises for one year, Della was
transferred by her employer to another city.
35.
Assume that Della simply moves out of the apartment, in breach of the lease:
a. Della would have no
further obligation to Lunkin under the common law rule.
b. Lunkin would be
required to take reasonable steps to mitigate his damages under the common law
rule.
c. Lunkin would be
entitled to let the apartment remain vacant and make Della pay the full rent as
it accrues for the rest of the lease term under the common law rule.
d. Della would still
be liable to Lunkin for rent but she would be able to terminate this liability
as of the end of any month by giving Lunkin one month's notice of her intention
to do so.
36. Reanswer the previous question.
37.
Assume that Della finds a co-worker, Janeway, who is willing to take over the
apartment and Della signs a document called a "sublease" transferring
the apartment to Janeway for the entire remaining term of the lease. Once
Janeway takes possession and moves in:
a. Janeway would be
the assignee of Della and the tenant of Lunkin.
b. Janeway would be
the subtenant of Della.
c. Janeway would be
the subtenant of Lunkin.
d. Della would have no
further obligation to Lunkin under the lease.
38. Reanswer the previous question.
39.
Assume again that Della found a co-worker, Janeway, who was willing to take
over the apartment. Della made an assignment of her lease to Janeway, who
"assumed" the lease. Janeway took possession and moved in. Later,
however, he was also transferred to a new city by the boss, and he simply
abandoned the apartment, without lawful cause, and ceased paying rent.
a. Janeway would
continue to be liable to pay rent.
b. If Janeway failed
to make a rent payment that came due, Lunkin would be entitled to recover the
amount from Della.
c. Both of the above.
d. Lunkin would have
no legal recourse against either Janeway or Della.
40. Reanswer the previous question.
41.
Florence was about to undergo a dangerous operation. In the presence of
witnesses, she handed an antique quilt to her granddaughter and said:
"I've always wanted this to be yours after I'm gone." Florence did
not die during the actual operation itself but a few days later, before she
could really recuperate, she succumbed to complications. Under the better rule:
a. The gift is
presumptively revocable.
b. The gift was
probably revoked by the fact that the donor survived the actual operation.
c. Both of the above.
d. None of the above.
There is no basis on these facts for supposing that the gift was revocable.
42. Reanswer the previous question.
43.
Alice parked her car in a parking garage that had valet parking. An attendant
employed by the garage owner took the car at the entrance and drove it to the
interior of the garage. Another attendant retrieved it again when Alice
returned. After Alice picked up the car, she claimed that $100 of emergency
money that she had hidden under the seat was now missing. Pick the best answer.
a. The garage owner
was not a bailee of the car or the money.
b. The garage owner
was a bailee of the car but not the money.
c. The garage owner
was a bailee of both the car and the money but should not be held liable for
loss of the latter (assuming ordinary care in safeguarding the car).
d. The garage owner
was a bailee of the car and the money and should be held liable for the loss of
the latter.
44. Reanswer the previous question.
45.
Fred owned a car and allowed Sandy to use it. Needing some money to pay off a
gambling debt, Sandy sold the car to Alan, a bona fide purchaser for value.
Sandy fraudulently used a forged power of attorney that purported to authorize
him to sign the title papers. Sandy would be guilty of common-law larceny in
selling the car:
a. If he had borrowed
the car from Fred.
b. If he had use of
the car as Fred's employee, solely for purposes related to the course of his
employment by Fred.
c. Both of the above.
d. None of the above.
46. Reanswer the previous question.
Facts for Garland-Portice questions
Garland leased an apartment to Portice at
a rental of $1200 per month "for a term of three years as long as tenant
complies with [certain specified tenant obligations spelled out in the
lease]."
47.
The forfeiture provision in the lease would best be described as:
a. A conditional
limitation.
b. A condition
subsequent.
c. A right of
re-entry.
d. Unenforceable on
its face.
48. Reanswer the previous question.
49.
Once Portice takes possession of the premises:
a. Garland must give
Portice reasonable advance notice if he wants to terminate the lease at the end
of the term.
b. The lease will come
to an end automatically if Portice breaches one of the specified tenant
obligations referred to in the forfeiture provision.
c. The lease may come
to an end if Portice breaches one of the specified tenant obligations referred
to in the forfeiture provision, but only if Garland elects to terminate
Portice's estate.
d. Garland may
apparently terminate this lease as of the end of any month by giving Portice
one month's notice of his intention to do so.
50. Reanswer the previous question.
51.
If Portice takes possession and does not leave the premises at the end of the
lease term:
a. Garland may hold
Portice for a "new term" under the common law rule.
b. Portice would be
considered a tenant at sufferance under the common law rule.
c. Portice would be
subject to eviction under the common law rule.
d. All of the above.
52. Reanswer the previous question.
53.
If Portice takes possession and Garland fails to comply with the landlord's
contractual obligations under the lease with respect to maintaining the
premises, then under the traditional common law rule:
a. Portice could
retain possession and withhold rent.
b.
Portice could lawfully abandon possession and claim a constructive eviction if
Garland's breaches have caused the premises to become untenantable.
c. Portice would have
rights under the "implied warranty of habitability."
d. Portice would have
no rights to either damages or an injunction against Garland.
54. Reanswer the previous question.
55.
Last February, Parker demised Brownacre to Hinton from month to month and
Hinton has been paying rent monthly ever since. Each monthly period ends on the
28th of the month. The earliest date (from today) on which Hinton can lawfully
terminate the tenancy is:
a. December 28, 1997.
b. January 8, 1998.
c. January 28, 1998.
d. January 31, 1998.
56. Reanswer the previous question.
57.
Palko conveyed Blackacre "to Arnold for life, then to Arnold's first child
to reach the age of 18, and his or her heirs." At the time of the
conveyance, Arnold had one child, Cassandra, age 3. The rule of the
destructibility of contingent remainders does not apply in the state. By the
terms of this conveyance:
a. The future interest
must vest, if at all, during the lifetime of Arnold.
b. The future interest
must vest, if at all, during the lifetime of Arnold or, at latest, within 18
years of his death.
c. The future interest
must vest, if at all, during the lifetime of Cassandra.
d. The future interest
is void under the rule against perpetuities.
58. Reanswer the previous question.
59.
Palko conveyed Greenacre "to Arnold for life, then to Arnold's eldest
child to survive him, and his or her heirs." At the time of the
conveyance, Arnold had one child, Cassandra.
a. Cassandra can serve
as the "life in being" that makes the future interest valid.
b. Arnold can serve as
the "life in being" that makes the future interest valid.
c. Both of the above.
d. The future interest
is void under the rule against perpetuities.
60. Reanswer the previous question.
61.
Tonnerre conveyed Seedacre "to the Slimberg Children's Home, Inc., its
successors and assigns, so long as the land is used for an orphanage."
Based on the language of conveyance:
a. The children's home
has received a fee simple determinable.
b. The children's home
has received a fee simple on condition subsequent.
c. The children's home
has received a fee simple on executory limitation.
d. The future interest
is void under the rule against perpetuities.
62. Reanswer the previous question.
63.
Tonnerre conveyed Weedacre "to the Slimberg Volunteer Fire Company, its
successors and assigns, so long as the land is used for as a site for a fire
house, then to Cranwell and his heirs." Based on the language of
conveyance:
a. The fire company
has a fee simple determinable.
b. The fire company
has a fee simple on condition subsequent.
c. The fire company
has a fee simple on executory limitation.
d. The future interest
is void under the rule against perpetuities.
64. Reanswer the previous question.
65.
Suppose Cordor conveyed Whiteacre "to Jitney for 10 years, then to
Splending and his heirs."
a. Jitney would hold
the seisin in Whiteacre during the 10 years.
b. The interest
purportedly conveyed to Splending would, prior to the Statute of Uses, violate
the rule against springing interests.
c. Splending's
interest would be a contingent remainder in fee simple absolute.
d. The interest
received by Jitney would be a non-freehold estate.
66. Reanswer the previous question.
67.
Suppose Cordor conveyed Whiteacre "to Jitney for life, then to Splending
and his heirs."
a. Unless Splending
lives longer than Jitney, he will never be able to enjoy his interest and,
therefore, Splending's interest is a contingent remainder.
b. Cordor retains a
reversion, in case Splending predeceases Jitney.
c. Both of the above.
d. Splending's
interest is a remainder in fee simple absolute.
68. Reanswer the previous question.
69.
Lincoln demised Blueacre "to Thompson for 3 years." Thompson
immediately entered into possession. The local Statute of Frauds applies to
leases "for more than one year." Right after Thompson entered
possession:
a. He became, in
effect, an adverse possessor holding without a lease.
b. He became a tenant
holding for an enforceable term of one year.
c. The three year
lease became valid and enforceable according to its terms.
d. He became a tenant,
but not a tenant for a term of years.
70. Reanswer the previous question.
71.
Fifteen years ago Walter bought a piece of rural land whose boundaries were
supposedly marked by certain piles of rocks. Due to a transcription error, the
deed under which he took title also purported to convey a substantial chunk of
the tract next door (that chunk being called "Parcel B"). Walter's
vendor did not, however, own or have any power to convey Parcel B. Right after
buying, Walter entered into exclusive possession of his new acquisition, based
on the piles of rocks, and has held openly and continuous possessed ever since.
a. Walter might have
acquired a ripened title to "Parcel B" even if he never actually
possessed any part of "Parcel B" and his possession was confined
entirely within the boundaries of the land he actually owned.
b. Walter may well
have acquired a ripened title to all of "Parcel B" provided he had
actual possession of at least part of "Parcel B."
c. Walter might have
acquired a ripened title to portions of "Parcel B" but he could only
have acquired such a title to those portions that he actually possessed for the
requisite period of time.
d. None of the above.
There is no way that Walter might have acquired a ripened title to any part of
the "Parcel B" land.
72. Reanswer the previous question.
73.
Denton erroneously placed a boundary fence 3 feet onto his neighbor's side of
the property line running between their two lots. For 12 years the fence has
remained in place, with neither party realizing the error. Last week, however,
the neighbor just received the results of an accurate survey done in connection
with a proposed sale of his house. The neighbor has asked Denton to move the
fence.
a. If Denton has
possessed the boundary strip pursuant to an honest mistake, that fact (the
honest mistake) might effectively prevent him from successfully asserting a
claim of ownership to the strip.
b. Even if Denton has
acquired a ripened title to the strip, he can return full ownership to his
neighbor in time for the impending sale by simply moving the fence to the
original property line.
c. There is no basis
in these facts for Denton to claim a ripened title to the strip since there is
no evidence that he ever had a color of title to the strip.
d. Because no boundary
fence can ever be exactly located on the property line, courts do not recognize
adverse possession claims based on mistakes like the one made by Denton.
74. Reanswer the previous question.
75.
A little over eleven years ago, Seffard made a contract to sell Leanacre to
Phelps, who entered into open possession right away. Phelps continued in
exclusive possession until his death, four months ago. Phelps never, however,
made the payments required under the contract, nor did he ever receive a deed.
Phelps's sole heir, Junior, is now claiming the land which, since the death of
Phelps, has been held by Elton, who simply came along, saw the land vacant and
entered into possession:
a. Junior probably has
a better claim to the land than Elton.
b. Phelps probably had
acquired a ripened title to the land by adverse possession prior to his death.
c. Both of the above.
d. None of the above.
Junior has no basis to contest Elton's possessory claim to the land.
76. Reanswer the previous question.
77.
Killian cut down some trees on a piece of land that had previously been
conveyed "to Hancock for life, remainder to Monroe and his heirs."
Hancock has sued Killian for the full value of the trees that Killian cut,
which were valuable as timber.
a. Applying the Winkfield
principle to land, Hancock should only be able to recover for his own interest
in the trees, such as the value of "reasonable estovers."
b. As the life tenant,
Hancock is the one whose possession was interfered with and, therefore, Hancock
is the one who is ultimately entitled to all damages representing the full
value of the trees unlawfully cut by Killian.
c. Some cases would
allow Hancock to recover the full value of the trees from Killian, but would
require that the amount recovered be shared with Monroe, since Monroe
effectively lost the present discounted value of his remainder interest in the
trees.
d. If neither Hancock
nor Monroe was in actual possession of the land at time Killian cut the trees,
neither should be entitled to any recovery, since trespass actions can be maintained
only by persons in possession.
78. Reanswer the previous question.
79.
Suppose that in 1984 a parcel of land had been conveyed to "to Hancock for
life, remainder to Monroe and his heirs" and then, in 1985, Killian
entered into adverse possession of it. If Hancock died in 1996:
a. Killian's title by
adverse possession would have ripened in 1995, and that ripening would have
extinguished Monroe's right to sue in ejectment and recover possession after
Hancock's death in 1996.
b. Killian's title by
adverse possession would have ripened in 1995, but that ripening would not have
extinguished Monroe's right to sue in ejectment and recover possession after
Hancock's death in 1996.
c. No title by adverse
possession could have ripened in Killian in 1995, since Killian was only
possessing against a life tenant.
d. From 1985 on, after
Killian entered into possession, either Hancock or Monroe had the right to
maintain an ejectment action to remove this unlawful intruder from their land.
80. Reanswer the previous question.
In answering the following TRUE/FALSE
questions, assume (unless otherwise specified) that each conveyance is made by
O, an owner in fee simple absolute, and that every named party is alive and
unmarried at the time of the conveyance. Remember that the conveyances are to
be interpreted as set forth in the last two paragraphs on the instruction page.
Assume that all life estates end at the death of the named life tenant.
81.
If O conveys "to A for life," O would have no further interest in the
land.
82.
O conveyed "to A for life, remainder to B and his heirs." B then died
before A. The land will revert to O upon A's death.
83.
O conveyed "to A for life, then to B and her heirs if B survives A."
O would have a reversion.
84.
O conveyed "to A for life, then to B and her heirs if B survives A."
B would have a remainder.
85.
O conveyed "to A for life, then to B and her heirs if B survives A by more
than six months." B would have an executory interest.
86.
O conveyed "to A for life, then to B and her heirs if B survives O
by more than six months." B would have an executory interest.
87.
O conveys "to A and his heirs." A's heirs would receive no interest
in the land as purchasers under this conveyance.
88.
If O conveys "to A for life, then one day after A dies to B and her
heirs," B would have a remainder.
89.
If O conveys "to A for 5 years, then to B and her heirs if B marries
C," B would have a remainder (if B has not yet married C).
90.
If O conveys "to A for life, then to B and her heirs if B marries C,"
B would have a contingent remainder.
91.
If O conveys "to A for 5 years, then to B and her heirs if B marries
C," B would have an executory interest.
92.
If, during B's lifetime, O conveys "to A for life, remainder to B's
heirs," the remainder to B's heirs would be a contingent one.
93.
O conveyed "to A for life, then to B and his heirs if B is still living in
Springfield 5 years after the death of A." B would have a springing
interest.
94.
If O conveys "to A for life, then one day after A dies to B and her
heirs," B would have an executory interest.
95.
O conveyed "to A for two years, then to B and her heirs." B would be
construed to be the landlord of A in order to make B's interest valid (prior to
the Statute of Uses).
96.
A conveyance "to A for life, then to B's first child born after the
death of A, and his or her heirs" would create a contingent remainder.
97.
O conveyed "to A for life, then to B and her heirs if B marries
C." If B is still unmarried when A
dies, B's remainder could take effect as an executory interest.
98.
If O conveys "to A and his heirs so long as the land is used for educational
purposes," O would probably have a possibility of reverter.
99.
O conveyed "to A and his heirs, but if A dies without any children
surviving him, then to B and his heirs." B has a shifting interest.
100.
O conveyed "to A and the heirs of his body." If A then made a
ordinary simple grant "to B and his heirs," the common law result
would be that A's lineal heirs would still inherit the land at A's death.
<End
of examination>