please put assignment #3 in envelope on chair
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PLEASE PUT ASSIGNMENT #3 IN ENVELOPE ON CHAIR . Mozart, Piano Concertos 19 & 20 (1784-85) Performed 1972-82 ACADEMY OF ST. MARTIN IN THE FIELDS Neville Mariner, Conductor Alfred Brendel, Piano. Habitability Issues in Landlord-Tenant Law: Some History. - PowerPoint PPT PresentationTRANSCRIPT
PLEASE PUT ASSIGNMENT #3 IN ENVELOPE ON CHAIR Mozart, Piano Concertos 19 & 20
(1784-85)Performed 1972-82
ACADEMY OF ST. MARTIN IN THE FIELDS
Neville Mariner, ConductorAlfred Brendel, Piano
Habitability Issues in Landlord-Tenant Law: Some History
• Common Law: Absent Contractual Provision, No Landlord Duty to Provide Premises in Usable Condition or to Repair
Habitability Issues in Landlord-Tenant Law: Some History
• Common Law: Absent K, No Landlord Duty to Provide Premises in Usable Condition or to Repair
• Constructive Eviction: Doctrine Emerges that if Physical Problems Attributable to L are Equivalent to Eviction, T Can End Lease (We’ll Do Later)
Habitability Issues in Landlord-Tenant Law: Some History
• Common Law: Absent K, No Landlord Duty to Provide Premises in Usable Condition or to Repair
• Constructive Eviction: Physical Problems Attributable to L Equivalent to Eviction, T Can End Lease
• Implied Warranty of Habitability: Courts Create L Duty to Maintain Minimum Habitability Standards in Residential Leases (1960s 80s)
Implied Warranty of Habitability• Version exists today in almost
every state via statute or caselaw.
Implied Warranty of Habitability• Version exists today in almost
every state via statute or caselaw.– Substantive Standards: Can Be…
• List of Specific Rules• Tied to local housing codes• Florida is combination
Implied Warranty of Habitability• Version exists today in almost
every state via statute or caselaw.– Procedural Rules
• Requirements to Raise Issues• Availability of Waiver• Remedies
Written Assignment #4• Task: Make Arguments from a Fairly
Complex Statute
Written Assignment #4• Make Arguments from Complex Statute• Read Materials on Constructive Eviction &
Implied Warranty of Habitability as Background (Chapter 6 § § C1 & C2)
Written Assignment #4• Make Arguments from Complex Statute• Background: Read Ch. 6 §§ C1 & C2• All steps of argument going to whether L
can evict for reasons in question:– Substantive Authority for Eviction– Proper Notice by Landlord– Relevant Defenses
Written Assignment #4• Make Arguments from Complex Statute• Background: Read Ch. 6 §§ C1 & C2• All steps of argument going to whether L can
evict for reasons in question.
• READ CAREFULLY!!!!!
Written Assignment #4• Make Arguments from Complex Statute• Background: Read Ch. 6 §§ C1 & C2• All steps of argument going to whether L can
evict for reasons in question.• READ CAREFULLY!!!!!
Qs
Written Assignment #5• Attend a Zoning Hearing: Describe & Critique
• Accompanying Readings are on reserve; read for plot/description of process; not legal points.
Qs
WHITE v.
BROWN
HAWKS
Discussion Questions 93-96
DQ93: The White majority states that “the free
alienation of property [is] one of the most significant
incidents of fee ownership.” Why is it significant?
DQ94:The White majority complains that “the words chosen by the testatrix are
not specific enough to clearly state her intent."
What do you think Jessie Lide’s intent is?
I wish Evelyn White to have my home to live in and not to be sold. I also leave my personal property to Sandra White Perry. My house is not to be sold.
Why does the majority have problems
discerning Jessie Lide’s intent?
I wish Evelyn White to have my home to live in and not to be sold.
Possible Characterizations • Fee Simple • Life Estate
• Conditional Fee– So long as not sold– So long as E lives
there• Conditional Life
Estate
DQ94: WHAT ARE THE MAJORITY’S ARGUMENTSTHAT MS. LIDE INTENDED
TO CREATE A FEE SIMPLE?
MAJORITY ARGUMENTS(FEE SIMPLE)
• Presumption: grant conveys whole estate• No gift over• Partial intestacy disfavored
DQ95: WHAT ARE THE DISSENT’S ARGUMENTS
THAT MS. LIDE INTENDED TO CREATE A LIFE ESTATE?
DISSENT ARGUMENTS(LIFE ESTATE)
• Use all language: grantor said to limit power to sell
• Grant says “to live in”• No limits in gift to niece
I wish Evelyn White to have my home to live in and not to be sold. I also leave my personal property to Sandra White Perry. My house is not to be sold.
Whose Arguments Seem Stronger?
RESULT OF HOLDING OF WHITE v. BROWN
The Property Can Be Sold!!!
DQ96:What additional facts might add weight to the majority opinion?
To the dissent?
VESTED v. VESTED v. CONTINGENT CONTINGENT REMAINDERSREMAINDERS
FUTURE INTERESTS THAT FOLLOW FINITE ESTATES
REMAINDERREMAINDER
Future interest in a third party that follows naturally upon the termination of a finite estate. It is always expressly conveyed by the grantor.
VESTED REMAINDER• Grantee is living ascertainable
person (Presumed if granted to a named individual)
VESTED REMAINDER• Grantee is living ascertainable person AND
• Clause creating the remainder contains no condition on grantee taking the property except expiration of prior estate
VESTED REMAINDER• Grantee is living ascertainable person AND
• Clause creating the remainder contains no condition on grantee taking the property except expiration of prior estate
• Example: To Aaron for life, then to Oona and her heirs.
CONTINGENT REMAINDER• Grantee is presently unborn or
unascertainable *OR*• Clause creating the remainder contains a
condition on grantee taking the property
CONTINGENT REMAINDER: EXAMPLES
• “To Fred for life, then to Fred’s firstborn child.” Fred presently has no children. (Not born)
Suppose Fred has a child…
CONTINGENT REMAINDER: EXAMPLES
• “To Fred for life, then to Fred’s oldest child living at Fred’s death.”
(not ascertainable)
CONTINGENT REMAINDER:EXAMPLES
• “To Fred for life, then to Wilma and her heirs if Dino survives Fred (condition precedent)
ANALOGYVested Remainder Theater Ticket
Contingent Remainder Lottery Ticket
Life Estate + Vested Remainder
To Fred for Life, then to Wilma and her heirs
Life Estate + Contingent RemainderBarney “to Fred for Life, then to Wilma and her heirs if Dino survives Fred.”
Life Estate + Contingent RemainderBarney “to Fred for Life then to Wilma and her heirs if Dino survives Fred.” Barney retains a reversion.
REMAINDERS “IN …” :• “To Fred for life, then to Wilma for life.”
Wilma has a vested remainder in life estate
• “To Fred for life, then to Wilma and her heirs if Dino survives Fred.
Wilma has a contingent remainder in fee simple
PROBLEMS 7A-7GFeaturing the Owls
(7A): O conveys Baconacre "to Mayer and her heirs."
Mayer's only child, Armour, runs up large bills. Can Armour's
creditors reach any interest of Armour in Baconacre?
(7A): O conveys Baconacre "to Mayer and her heirs."
Mayer wishes to sell Baconacre and use the proceeds to take a trip around the world. Can Armour prevent Mayer from doing this?
(7B): Kermit “to Ernie for life, then to Burt forever.” (Common Law)
Ernie: ?
(7B): Kermit “to Ernie for life, then to Burt forever.” (Common Law)
Ernie: Life EstateBurt: ?
(7B): Kermit “to Ernie for life, then to Burt forever.” (Common Law)
Ernie: Life EstateBurt: Vested Remainder in Life Estate
(7B): Kermit “to Ernie for life, then to Burt forever.” (Common Law)
(7B): Kermit “to Ernie for life, then to Burt forever.” (Common Law)
Who owns the last piece?
(7B): Kermit “to Ernie for life, then to Burt forever.” (Common Law)
Kermit has a reversion (in frog green!)
Ernie dies?
(7B): Kermit “to Ernie for life, then to Burt forever.” (Common Law)
Kermit has a reversionErnie dies? Burt has life estate.Burt dies?
(7B): Kermit “to Ernie for life, then to Burt forever.” (Common Law)
Kermit has a reversionErnie dies? Burt has life estate.
Burt dies? Kermit or Kermit’s heirs have fee simple
(7B): Kermit “to Ernie for life, then to Burt forever.” (Today)
Ernie: Life EstateBurt: ?
(7B): Kermit “to Ernie for life, then to Burt forever.” (Today)
Ernie: Life EstateBurt: Vested Remainder in Fee SimpleKermit?
(7B): Kermit “to Ernie for life, then to Burt forever.” (Today)
Ernie: Life EstateBurt: Vested Remainder in Fee SimpleKermit: Nothing
(7B): Kermit “to Ernie for life, then to Burt forever.” (Today)
Ernie dies?
(7B): Kermit “to Ernie for life, then to Burt forever.” (Today)
Ernie dies? Burt takes a fee simple absolute.
Burt dies?
(7B): Kermit “to Ernie for life, then to Burt forever.” (Today)
Ernie dies? Burt takes a fee simple absolute.
Burt dies? Property passes by Burt’s will or through intestacy to Burt’s heirs.
(7C): Elmer “to Sylvester for life, then to Bugs and his heirs.”
Sylvester: ?
(7C): Elmer “to Sylvester for life, then to Bugs and his heirs.”
Sylvester: Life EstateBugs?
(7C): Elmer “to Sylvester for life, then to Bugs and his heirs.”
Sylvester: Life EstateBugs: Vested Remainder in Fee Simple
(7C): Elmer “to Sylvester for life, then to Bugs and his heirs.”
Bugs dies intestate without heirs. Impact?
(7C): Elmer “to Sylvester for life, then to Bugs and his heirs.”
Bugs dies intestate without heirs. Vested remainder passes to the state.Sylvester dies. Effect?
(7C): Elmer “to Sylvester for life, then to Bugs and his heirs.”
Bugs dies intestate without heirs. Vested remainder passes to the state.Sylvester dies.
State has a fee simple absolute.
(7D): Mickey “to Minnie for life, then to Pluto for 99 years.”
Minnie: ?
(7D): Mickey “to Minnie for life, then to Pluto for 99 years.”
Minnie: Life EstatePluto?
(7D): Mickey “to Minnie for life, then to Pluto for 99 years.”
Minnie: Life EstatePluto: Vested Remainder in Term of Years.Anything Else?
(7D): Mickey “to Minnie for life, then to Pluto for 99 years.”
Minnie: Life EstatePluto: Vested Remainder in Term of Years.
Mickey: Reversion (eventually to his heirs or devisees)
(7E): Derek “to Bernie for life, then to Jorge for life, then to Roger and
his heirs.”
Bernie?
(7E): Derek “to Bernie for life, then to Jorge for life, then to Roger and
his heirs.”
Bernie: Life EstateJorge?
(7E): Derek “to Bernie for life, then to Jorge for life, then to Roger and his heirs.”
Bernie: Life EstateJorge: Vested Remainder in Life EstateRoger?
(7E): Derek “to Bernie for life, then to Jorge for life, then to Roger and his heirs.”
Bernie: Life EstateJorge: Vested Remainder in Life EstateRoger: Vested Remainder in Fee Simple
(7G): “To my only son, Larry, for life, then to Larry's children and
their heirs." Larry has two children, Moe and Curly.
Larry?
(7G): “To my only son, Larry, for life, then to Larry's children and their heirs." Larry
has two children, Moe and Curly.
Larry: Life EstateMoe & Curly?
(7G): “To my only son, Larry, for life, then to Larry's children and their heirs." Larry
has two children, Moe and Curly. Larry: Life EstateMoe & Curly: Vested Remainders
(in F.S.) Subject to OpenLarry has another child, Stella. Stella has?
(7G): “To my only son, Larry, for life, then to Larry's children and their heirs.“
Larry: Life EstateMoe & Curly & Stella: Vested Remainders (in F.S.) Subject to OpenCurly (C) dies, leaving his wife, Noreen, and a child, Orrin; C's will devises all property to Noreen. What happens to C’s interest?
(7G): “To my only son, Larry, for life, then to Larry's children and their heirs."
Larry: Life EstateMoe & Noreen & Stella: Vested Remainders (in F.S.) Subject to OpenLarry dies. State of the title?
(7G): “To my only son, Larry, for life, then to Larry's children and their heirs."
Larry dies. State of the title?Moe & Noreen & Stella share fee simple absolute (tenants in common).
(7F): Reggie “to Veronica for life, then to Betty and her heirs if Betty attains the age of 21.” Betty is 15.
Veronica: ?
(7F): Reggie “to Veronica for life, then to Betty and her heirs if Betty attains the age of 21.” Betty is 15.Veronica: Life EstateBetty?
(7F): Reggie “to Veronica for life, then to Betty and her heirs if Betty attains the age
of 21.” Betty is 15.
Veronica: Life EstateBetty: Contingent Remainder in F.S.What happens if Betty dies at 17?
(7F): Reggie “to Veronica for life, then to Betty and her heirs if Betty attains the age of 21.” Betty is 15.
What happens if Betty dies at 17?No instructions. What happens when a grantor does not fully dispose of the property in all possible scenarios?
(7F): Reggie “to Veronica for life, then to Betty and her heirs if Betty attains the age of 21.” Betty is 15.
If a grantor does not fully dispose of the property, we assume he kept the parts not mentioned for himself. Here, Reggie has a reversion. If Betty dies before turning 21, Reggie or his designees will get the property in fee simple when Veronica dies.
(7F): Reggie “to Veronica for life, then to Betty and her heirs if Betty attains the age of 21.”
What if Betty turns 21 while Veronica is alive?
(7F): Reggie “to Veronica for life, then to Betty and her heirs if Betty attains the age of 21.”
Betty turns 21.
Betty’s contingent remainder “vests” leaving her with a vested remainder in f.s. Reggie’s reversion “divests,” leaving him with nothing.
(7F) Reggie “to Veronica for life, then to Betty and her heirs if Betty
attains the age of 21.”
What happens if Veronica dies when Betty is 17?
THE “READY
BETTY” JOKE
DEFEASIBLE FEES
DEFEASIBLE FEESRestatement Terms
•FEE SIMPLE DETERMINABLE
•FEE SIMPLE ON CONDITION SUBSEQUENT
•FEE SIMPLE ON EXECUTORY LIMITATION
FEE SIMPLE DETERMINABLE
• OPERATION: Self-Executing
FEE SIMPLE DETERMINABLE
• OPERATION: Self-Executing• KEY LANGUAGE: “So long as”,
“While”, “Until”
FEE SIMPLE DETERMINABLE
• OPERATION: Self-Executing• KEY LANGUAGE: “So long as”, “While”, “Until” • FUTURE INTEREST: Possibility of
Reverter (in GRANTOR)
FEE SIMPLE DETERMINABLE
EXAMPLE: To Estelle and her heirs so long as asparagus is not grown on the property.
FEE SIMPLE ON CONDITION SUBSEQUENT
• OPERATION: Grantor must act
FEE SIMPLE ON CONDITION SUBSEQUENT
• OPERATION: Grantor must act• KEY LANGUAGE:
– “But if”, “provided that if”, “on condition that if” PLUS
– “O may [re]enter and [re]claim the land”
FEE SIMPLE ON CONDITION SUBSEQUENT
• OPERATION: Grantor must act• KEY LANGUAGE: “But if”, “provided that if”, “on
condition that if” PLUS “O may [re]enter and [re]claim the land”
• FUTURE INTEREST: Right of [Re]Entry (in GRANTOR)
FEE SIMPLE ON CONDITION SUBSEQUENT
EXAMPLE: To Estelle and her heirs, but if asparagus is grown on the property, I can reenter and claim the land
FEE SIMPLE ON EXECUTORY LIMITATION
• OPERATION: Either self-executing or grantee has to act.
Warning: Inconsistency• Textbook says Fee Simple on Executory Limitation
terminates automatically (P580)• For our purposes, assume that sometimes, a Fee
Simple on Executory Limitation can operate like a Fee Simple on Condition Subsequent
• “To Sonny & his heirs, but if Sonny ever runs for Congress, Cher may enter and take the land.”
FEE SIMPLE ON EXECUTORY LIMITATION
• OPERATION: Either self-executing or grantee has to act.
• KEY LANGUAGE: Creates interest in 3d party if condition violated
FEE SIMPLE ON EXECUTORY LIMITATION
• OPERATION: Either self-executing or grantee has to act.
• KEY LANGUAGE: Creates interest in 3d party if condition violated
• FUTURE INTEREST: Executory Interest (in 3d party grantee)
FEE SIMPLE ON EXECUTORY LIMITATION: EXAMPLES
• To Estelle and her heirs so long as asparagus is not grown on the property, otherwise to Bob
FEE SIMPLE ON EXECUTORY LIMITATION: EXAMPLES
• To Estelle and her heirs so long as asparagus is not grown on the property, otherwise to Bob
• To Estelle and her heirs, but if asparagus is grown on the property, Bob can reenter and claim the land
DEFEASIBLE FEES: Restatement Terms
•FEE SIMPLE DETERMINABLE (to grantor; automatic)
•F.S. ON CONDITION SUBSEQUENT (to grantor; must act)
•F.S. ON EXECUTORY LIMITATION (to grantee; either way)
Accessorizing: Defeasible Fees & Matching Future Interests
FEE SIMPLE DETERMINABLE & POSSIBILITY OF REVERTER
F.S. ON CONDITION SUBSEQUENT & RIGHT OF ENTRY
F.S. ON EXECUTORY LIMITATION & EXECUTORY INTEREST
Mahrenholz v. County Board
DQs 97-101: Eagles
IGNORE THE JACQMAINS1. Delete last paragraph on P581.2. Delete last complete paragraph on P582. 3. Pretend you never heard of the
Jacqmains.
Mahrenholz v. County Board MAJOR EVENTS
• 3/51: Grant to SD#1• 2/69: Mrs.H dies intestate; HH sole heir• 5/73: Property used for storage only• 5/77: HH conveys interest to Ms• 9/77: HH releases interest to SD#1
Mahrenholz v. County Board MAJOR EVENTS: FSD +PR
• 3/51: Grant to SD#1: SD-FSD Hs-PR• 2/69: Mrs.H dies intestate; HH sole
heir?• 5/73: Property used for storage only• 5/77: HH conveys interest to Ms• 9/77: HH releases interest to SD#1
Mahrenholz v. County Board MAJOR EVENTS: FSD +PR
• 2/69: Mrs.H dies intestate; HH sole heir SD-FSD HH-PR
• 5/73: Property used for storage only?(2 Possibilities: Violation or Not)
• 5/77: HH conveys interest to Ms• 9/77: HH releases interest to SD#1
Mahrenholz v. County Board MAJOR EVENTS: FSD +PR
2/69: SD-FSD HH-PRGRANT VIOLATED
HH-FEE SIMPLE ABSOLUTE
5/77 HH --> Ms?
NO VIOLATIONSD-FSD HH-PR
5/77 HH --> Ms?
Mahrenholz v. County Board MAJOR EVENTS: FSD +PR
GRANT VIOLATEDHH-FS ABSOLUTE
5/77 HH --> Ms?Ms-FS Absolute
9/77 HH release to SD?
NO VIOLATIONSD-FSD HH-PR
5/77 HH --> Ms?SD-FSD HH-PR
9/77 HH release to SD?
Mahrenholz v. County Board MAJOR EVENTS: FSD +PR
GRANT VIOLATEDMs-FS Absolute
9/77 HH release to SD?Ms - FS Absolute
NO VIOLATIONSD-FSD HH-PR
9/77 HH release to SD?SD - FS Absolute
Mahrenholz v. County Board MAJOR EVENTS: FSCS +RE
• 3/51: Grant to SD#1: SD-FSCS Hs-RE• 2/69: Mrs.H dies intestate; HH sole heir?• 5/73: Property used for storage only• 5/77: HH conveys interest to Ms• 9/77: HH releases interest to SD#1
Mahrenholz v. County Board MAJOR EVENTS: FSCS +RE
• 2/69: Mrs.H dies intestate; HH sole heir SD-FSCS HH-RE
• 5/73: Property used for storage only?(2 Possibilities: Violation or Not)
• 5/77: HH conveys interest to Ms• 9/77: HH releases interest to SD#1
Mahrenholz v. County Board MAJOR EVENTS: FSCS +RE
2/69: SD-FSCS HH-REGRANT VIOLATEDSD-FSCS HH-RE
5/77 HH --> Ms?
NO VIOLATIONSD-FSCS HH-RE
5/77 HH --> Ms?
Mahrenholz v. County Board MAJOR EVENTS: FSCS +RE
GRANT VIOLATEDSD-FSCS HH-RE5/77 HH --> Ms?
SD-FSCS HH-RE9/77 HH release to SD?
NO VIOLATIONSD-FSCS HH-RE
5/77 HH --> Ms?SD-FSCS HH-RE
9/77 HH release to SD?
Mahrenholz v. County Board MAJOR EVENTS: FSCS +RE
GRANT VIOLATEDSD-FSCS HH-RE
9/77 HH release to SD?SD - FS Absolute
NO VIOLATIONSD-FSCS HH-RE
9/77 HH release to SD?SD - FS Absolute
Mahrenholz: Summary of PossibilitiesFSD/PR FSCS/RE
Violation Mahrenholzes School District
No Violation School District School District