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Property

Exam 14
30 minutes

Fact Pattern

A is the owner of Blackacre, a tract of real property. A conveys Blackacre as follows: “to B, so long as the premises are not used to keep animals.” Ten years later, A dies, leaving a single heir, X, who inherits all of A’s real and personal property.

B owns Blackacre for 25 years. B never keeps animals on Blackacre. B then transfers all of B’s interest in Blackacre to C. As an animal lover, C immediately houses several domesticated animals on Blackacre.

X learns of C’s animals. X files an ejectment suit against C, asserting that X now owns Blackacre. C immediately removes of all the animals and counterclaims to quiet title. C argues that the divestment of C’s animals cures any problems with C’s title to Blackacre. 

The applicable law is the common law of real property.


Questions

  1. Upon the conveyance from A to B, what legal interests did A and B, respectively, have in Blackacre? Explain.
  2. As between X and C, and ignoring the Rule Against Perpetuities, who is the lawful owner of Blackacre after C removes the animals? Explain.
  3. Did the conveyance from A to B violate the Rule Against Perpetuities? Explain.

Question 1

Upon the conveyance from A to B, what legal interests did A and B, respectively, have in Blackacre? Explain.

Question 2

As between X and C, and ignoring the Rule Against Perpetuities, who is the lawful owner of Blackacre after C removes the animals? Explain.

Question 3

Did the conveyance from A to B violate the Rule Against Perpetuities? Explain.

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