3-3-17 National Cold Cuts Day PROPERTY A SLIDES 3-3-17 National Cold Cuts Day

Friday Mar 3 Music: Cistercian Monks of Stift Heiligenkreuz CHANT

CHAPTER 3: The Shadow of the Past

HOLD QUESTIONS FOR TODAY

Approaching Chapter 3

Approaching Chapter 3: Vocabulary LEARN THEIR NAMES SPOT BUTCH

Approaching Chapter 3: Vocabulary

Approaching Chapter 3: Policy Concerns Interests Created by Voluntary Transfers of Property Rights, so Generally Want to Fulfill Grantor’s Intent BUT in Tension with Competing Policy Concerns

Approaching Chapter 3: Policy Concerns Laypeople Don’t Know Categories Leads to Tension Between Grantor’s Intent & Channeling Function (Telling State What to Do w Property You are Transferring in a Way State Can Understand) See White v. Brown (Monday)

Approaching Chapter 3: Policy Concerns Grantor’s Intent v. Channeling Function

Approaching Chapter 3: Policy Concerns Grantor’s Intent v. Channeling Function Dead Hand Control

Approaching Chapter 3: Policy Concerns Grantor’s Intent v. Channeling Function Dead Hand Control Alienability

Approaching Chapter 3: How You’ll Be Tested 24 Question Multiple Choice Test (70 Minutes, Monday 3/27 @ 8 am) Closed Book, But Syllabus Attached Approximately 1/6 of Final Grade Sample Qs with Answers/Explanations I’ll Make Many Available & Reuse Some Posted After We’ve Done Relevant Substance Some Early in Break Some Midweek the Week After

Approaching Chapter 3: Relevant Time Frames “At Common Law”: Dates prior to modern streamlining of the rules. (e.g., 1600-1800)

Approaching Chapter 3: Relevant Time Frames “At Common Law”: Dates prior to modern streamlining of the rules. (e.g., 1600-1800) “Today”: Dates after modern streamlining of the rules. (e.g., 1950-present)

Approaching Chapter 3: Relevant Time Frames “At Common Law”: Dates prior to modern streamlining of the rules. (e.g., 1600-1800) “Today”: Dates after modern streamlining of the rules. (e.g., 1950- present) Precise line between them varies from state to state and from issue to issue, so you don’t need to know where it is.

Approaching Chapter 3: Relevant Time Frames In Multiple Choice Qs, I Will Do One of the Following: Explicitly Say “At Common Law” Provide a Date After 1950 (Clearly Means “Today”) Provide a Fact That Clearly Means “Today” (e.g., cell phone; computer) Give no Info in Q, but Some of the Answer Choices will Indicate “Common Law” or “Today”

Present Possessory Estates

PRESENT POSSESSORY ESTATES Present v. Future (Tenant v. Landlord)

PRESENT POSSESSORY ESTATES Present v. Future Possessory v. Non-Possessory: (Tenant v. Trust Beneficiary)

FEE SIMPLE ABSOLUTE

FEE SIMPLE ABSOLUTE “Simple”= can go on forever (to distinguish from “Fee Tail”)

FEE SIMPLE ABSOLUTE “Simple” = can go on forever (to distinguish from “Fee Tail”) “Absolute” = no conditions (to distinguish from conditional or “defeasible” fees, which we’ll introduce Tuesday.)

FEE SIMPLE ABSOLUTE Right to possess and use forever Right to transfer all present and future rights (inheritable/devisable) Right to liquidate assets Default estate today

FEE SIMPLE ABSOLUTE CREATION (today or at common law): Lloyd grants Redacre “to Mimi and her heirs.”

WORDS OF PURCHASE: Who Gets the Estate? FEE SIMPLE ABSOLUTE Lloyd grants Redacre “to Mimi and her heirs.” WORDS OF PURCHASE: Who Gets the Estate?

FEE SIMPLE ABSOLUTE Lloyd grants Redacre “to Mimi and her heirs.” WORDS OF PURCHASE: Who Gets the Estate? WORDS OF LIMITATION: What Estate Do They Get? (How is ownership limited, if at all)

FINITE ESTATES TERM OF YEARS FEE TAIL LIFE ESTATE

FINITE ESTATES Words of Purchase = “to Ann” TERM OF YEARS: “TO ANN FOR TEN YEARS” Words of Purchase = “to Ann” Words of Limitation = “for Ten Years” LIFE ESTATE FEE TAIL

TERM OF YEARS Finite period specified Can alienate, devise, inherit (until term ends) Need explicit time language to create: (“for 99 years”) Effectively creates long-term lease

FINITE ESTATES LIFE ESTATE: “TO BEA FOR LIFE” TERM OF YEARS: TO ANN FOR TEN YEARS LIFE ESTATE: “TO BEA FOR LIFE” Words of Purchase = “to Bea” Words of Limitation = “for Life” FEE TAIL:

Fee Simple Absolute v. Life Estate Right to possess and use forever Right to possess and use only for lifetime of original grantee

Fee Simple Absolute v. Life Estate Right to possess and use forever Right to transfer all present and future rights (inheritable & devisable) Right to possess and use only for lifetime of original grantee Right to transfer only rights for lifetime of original grantee (not inheritable or devisable)

What if a living person transfers a life estate? Opal conveys Gemacre “to Ruby for life” (retaining a reversion for herself). Ruby then conveys her life estate “to Esmeralda.” What does Esmeralda have?

What if a living person transfers a life estate? Opal conveys Gemacre “to Ruby for life”, retaining a reversion herself. Ruby then conveys her life estate “to Esmeralda.” Esmeralda has a life estate pur autre vie (for the life of another). The duration of the interest is still measured by Ruby’s life.

Fee Simple Absolute v. Life Estate Right to possess and use forever Right to transfer all present and future rights (inheritable & devisable) Right to liquidate assets Right to possess and use only for lifetime of original grantee Right to transfer only rights for lifetime of original grantee (not inheritable/ devisable) Right only to present income; can’t liquidate capital (Doctrine of Waste)

Fee Simple Absolute v. Life Estate Right to possess and use forever Right to transfer all present and future rights (inheritable & devisable) Right to liquidate assets Default Estate Today Right to possess and use only for lifetime of original grantee Right to transfer only rights for lifetime of original grantee (not inheritable/ devisable) Right only to present income; can’t liquidate capital (Doctrine of Waste) Default Estate at Common Law

Common Law: Default was Life Estate DEFAULT ESTATE (“To Bill.”) What does Bill get if not specified (no words of limitation)? Common Law: Default was Life Estate Bill gets Life Estate Grantor keeps remaining piece (Right to control parcel after Bill’s death = Reversion)

DEFAULT ESTATE (“To Bill DEFAULT ESTATE (“To Bill.”) What does Bill get if not specified (no words of limitation)? Common Law: Default was Life Estate Bill gets Life Estate; Grantor keeps Reversion Today: Default is Fee Simple Bill gets Fee Simple Absolute Grantor keeps nothing

FINITE ESTATES LIFE ESTATE: TO BEA FOR LIFE TERM OF YEARS: TO ANN FOR 10 YEARS LIFE ESTATE: TO BEA FOR LIFE FEE TAIL: “TO CAL & THE HEIRS OF HIS BODY”

VOCABULARY: ISSUE v. HEIRS “Issue” = Direct (= “Lineal”) Descendants (Children, Grandchildren, etc.)

VOCABULARY: ISSUE v. HEIRS “Issue” = Direct Descendants “Heirs” = People who inherit your property at the time of your death under the relevant Intestacy Statutes. Can include people who are not “issue” like spouse, siblings, parents

VOCABULARY: ISSUE v. HEIRS “Issue” = Direct Descendants “Heirs” = People who inherit your property at the time of your death under the relevant Intestacy Statute You cannot have heirs until the moment of death (presumptive heirs before that).

FINITE ESTATES LIFE ESTATE: TO BEA FOR LIFE TERM OF YEARS: TO ANN FOR 10 YEARS LIFE ESTATE: TO BEA FOR LIFE FEE TAIL: TO CAL & THE HEIRS OF HIS BODY Words of Purchase = “to Cal” Words of Limitation = “and the Heirs of His Body”

FEE TAIL: TRADITIONAL RULES Grantee(X) has present & future possessory right until death Only X’s issue can take after X's death Only issue of issue-who-took can take in future Equivalent to downward chain of life estates (thus finite) Present holders can only alienate life estates; no rights to transfer rights to own/possess the parcel after their death

FEE TAIL: TRADITIONAL RULES Creation at common law: “to A & heirs of his body” Grant creates no interest in A's issue until A dies. B/c chain of life estates, won't know who takes till A dies Can have special fee tails “To A & heirs of his body by Wilhelmina” (only future takers are children of both A & W and the issue of those children) “ To A & male heirs of his body” (only future takers are A’s male issue)

FEE TAIL: TODAY Traditional fee tail abolished in every American jurisdiction. What to do if grantor uses language “heirs of his/her body?” Statutes determine; different solutions in different states. Outside scope of course.

Future Interests that Follow Finite Estates

FUTURE INTERESTS THAT FOLLOW FINITE ESTATES REVERSION REMAINDER

FUTURE INTERESTS THAT FOLLOW FINITE ESTATES REVERSION Future interest retained by grantor when s/he conveys a finite estate without indicating who will have rights when it expires.

Fun with Scissors

FUTURE INTERESTS THAT FOLLOW FINITE ESTATES REVERSION Future interest retained by grantor when s/he conveys a finite estate without indicating who will have rights when it expires. E.g.: Ceci conveys Greenacre “To Didi for life.” (No other instructions.) Ceci retains a reversion.

FUTURE INTERESTS THAT FOLLOW FINITE ESTATES REMAINDER Future interest in a third party that follows naturally upon the termination of a finite estate. It is always expressly conveyed by the grantor.

Lots More on Remainders Going Forward FUTURE INTERESTS THAT FOLLOW FINITE ESTATES REMAINDER Future interest in a third party that follows naturally upon the termination of a finite estate. It is always expressly conveyed by the grantor. E.g.: Fifi conveys Tanacre “To Gigi for life, then to J.J. and his heirs” J.J. has a remainder. Fifi retains nothing. Lots More on Remainders Going Forward

Closing Up Chapter 2: Tempest at the Teapot Today (and Maybe Briefly Into Monday) We’ll Address Selected Qs I Identified You are Responsible for Some of the Statutes & Regs (See Info Memo #3) Worth Your Time to Try to Work Through as Much of Problem as You Can Should Pay Special Attention to B2: Immediate Eviction v. Right to Cure Under §83.56 (I’ve Tested Several Times) Next Week I’ll Post Extensive Comments and Best Student Answers (from When Problem Was Mid-Semester Written Assignment). As Always, E-Mail Me if Qs

Tempest at the Teapot OLYMPIC (from Argument A1): Two Possible Problems with 1/5 Notice: L Delivered It on Day Rent Was Due Listed Date Not 3 Days from Delivery (excluding Weekend): Correct Date Would Be January 10, 2017 Original Version on S55 Says: “January 18, 2016” Amended Version I Gave You on Course Page Says: “January 8, 2017” L did not file lawsuit until 1/11/17. Wha arguments do you see abut whether the 1/5 notice should be considered adequate despite the flaws?

Tempest at the Teapot OLYMPIC (from Argument A1): Does Notice “Count” Despite Flaws? 83.56(3) says notice has to be “substantially” in form given, but doesn’t say what to do if error Basically policy Q about how best to read statute.

Tempest at the Teapot OLYMPIC (from Argument A1): Wha arguments do you see abut whether the 1/5 notice should be considered adequate despite the flaws? L Delivered It on Day Rent Was Due Listed Date Not 3 Days from Delivery (excluding Weekend): Correct Date Would Be January 10, 2017 Original Version on S55 Says: “January 18, 2016” Amended Version I Gave You on Course Page Says: “January 8, 2017” L did not file lawsuit until 1/11/17.

Tempest at the Teapot OLYMPIC (from Argument A1): Wha arguments do you see abut whether the 1/5 notice should be considered adequate despite the flaws? L Delivered It on Day Rent Was Due Listed Date Not 3 Days from Delivery (excluding Weekend): Correct Date Would Be January 10, 2017 Original Version on S55 Says: “January 18, 2016” Amended Version I Gave You on Course Page Says: “January 8, 2017” L did not file lawsuit until 1/11/17.

Tempest at the Teapot: SEQUOIA (from Argument A2 re Roaches): Roach Problems: [T]he roaches in the kitchen were so big that [F’s Doberman] refused to go in to that room. What Requirements Are Created re Extermination of Cockroaches by the Miami-Dade Housing Code?

Relevant Housing Code Provisions: Roaches? Common Problem Relevant Housing Code Provisions: Roaches? 17-25 (2) Every dwelling unit shall be reasonably weathertight, watertight and rodentproof. RODENT (MAMMAL) ROACH (INSECT)

Tempest at the Teapot: SEQUOIA (from Argument A2 re Roaches): Relevant Housing Code Provision: 17-27 (7) … Every occupant of a dwelling unit in a building containing more than one (1) dwelling unit shall be responsible for [insect] extermination whenever his dwelling unit is the only one (1) infested, except that whenever such infestation is caused by the failure of the owner to carry out the provisions of this article, extermination shall be the responsibility of the owner. Means? What is True Here?

Tempest at the Teapot: SEQUOIA (from Argument A2 re Roaches): Miami-Dade Housing Code: If only unit infested = T responsibility Otherwise = L responsibility Lease Provision (4)(f) Relieves Landlord of Duty to Exterminate Result under §§83.47 & 83.51 of the Florida Statute if Housing Code puts Responsibility on Landlord?

Landlord Duties re Roaches? 83.51. Landlord's obligation to maintain premises. (1) The landlord at all times during the tenancy shall: (a) Comply with the requirements of applicable building, housing, and health codes; or (b) [Rule if no Housing Code] The landlord's obligations under this subsection [=83.51(1)] may be altered or modified in writing with respect to a single‑family home or duplex.

Tempest at the Teapot: SEQUOIA (from Argument A2 re Roaches): Miami-Dade Housing Code: If only unit infested = T responsibility Otherwise = L responsibility Lease Provision (4)(f) Relieves Landlord of Duty to Exterminate If Duty Under Housing Code, Not Waivable (83.51(1) & Lease Provision Void (83.47) If Housing Code Doesn’t Put Responsibility on L?

Landlord Duties re Roaches? 83.51. Landlord's obligation to maintain premises. (2) (a) Unless otherwise agreed in writing, in addition to the requirements of subsection (1), the landlord of a dwelling unit other than a single‑family home or duplex shall, at all times during the tenancy, make reasonable provisions for: 1. The extermination of rats, mice, roaches, ants, wood‑destroying organisms, and bedbugs.