Florida Sea Grant College Program Use of Future Interests in Land As A
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Doctrines of Waste in a Landscape of Waste
Missouri Law Review Volume 72 Issue 4 Fall 2007 Article 8 Fall 2007 Doctrines of Waste in a Landscape of Waste John A. Lovett Follow this and additional works at: https://scholarship.law.missouri.edu/mlr Part of the Law Commons Recommended Citation John A. Lovett, Doctrines of Waste in a Landscape of Waste, 72 MO. L. REV. (2007) Available at: https://scholarship.law.missouri.edu/mlr/vol72/iss4/8 This Conference is brought to you for free and open access by the Law Journals at University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Missouri Law Review by an authorized editor of University of Missouri School of Law Scholarship Repository. For more information, please contact [email protected]. Lovett: Lovett: Doctrines of Waste Doctrines of Waste in a Landscape of Waste John A. Lovett* I. INTRODUCTION One of the virtues of William Stoebuck and Dale Whitman's seminal hornbook, The Law of Property, is its extensive treatment of the subject of waste. ' Using half of a chapter, Stoebuck and Whitman introduce their read- ers to one of the great subjects of the common law of property, one that at- 2 3 4 tracted the attention of Coke, Blackstone, Kent, and many others. Their detailed analysis of the subject, which provides a general historical overview, a discussion of the seminal voluntary waste cases, Melms v. Pabst Brewing Co.,5 and Brokaw v. Fairchild,6 and a presentation of the legal and equitable remedies for waste, may strike some readers as old-fashioned. Although one recent law review article has called attention to several early nineteenth century waste cases, 7 relatively little contemporary academic scholarship has addressed waste doctrine in depth. -
The Law of Property
THE LAW OF PROPERTY SUPPLEMENTAL READINGS Class 14 Professor Robert T. Farley, JD/LLM PROPERTY KEYED TO DUKEMINIER/KRIER/ALEXANDER/SCHILL SIXTH EDITION Calvin Massey Professor of Law, University of California, Hastings College of the Law The Emanuel Lo,w Outlines Series /\SPEN PUBLISHERS 76 Ninth Avenue, New York, NY 10011 http://lawschool.aspenpublishers.com 29 CHAPTER 2 FREEHOLD ESTATES ChapterScope ------------------- This chapter examines the freehold estates - the various ways in which people can own land. Here are the most important points in this chapter. ■ The various freehold estates are contemporary adaptations of medieval ideas about land owner ship. Past notions, even when no longer relevant, persist but ought not do so. ■ Estates are rights to present possession of land. An estate in land is a legal construct, something apart fromthe land itself. Estates are abstract, figments of our legal imagination; land is real and tangible. An estate can, and does, travel from person to person, or change its nature or duration, while the landjust sits there, spinning calmly through space. ■ The fee simple absolute is the most important estate. The feesimple absolute is what we normally think of when we think of ownership. A fee simple absolute is capable of enduringforever though, obviously, no single owner of it will last so long. ■ Other estates endure for a lesser time than forever; they are either capable of expiring sooner or will definitely do so. ■ The life estate is a right to possession forthe life of some living person, usually (but not always) the owner of the life estate. It is sure to expire because none of us lives forever. -
Future Interests
Future Interests Interests in the Transferor • Reversion • Possibility of Reverter (NOT a possibility of reversion) • Right of Entry/Power of Termination Interests in the Transferee • Executory Interest • Vested Remainder • Contingent Remainder U N I V E R S I T Y of H O U S T O N Professor Marcilynn A. Burke Copyright©2007 Marcilynn A. Burke All rights reserved. Provided for student use only. D E Present and Future Interests F E Present Interest Future Interest A S Fee Simple Determinable Possibility of Reverter I B (transferor) L Fee Simple Subject to Executory Interest E Executory Limitation (transferee) E Fee Simple Subject to Right of Entry/Power of S Condition Subsequent Termination (transferor) T A T E S U N I V E R S I T Y of H O U S T O N Professor Marcilynn A. Burke Copyright©2007 Marcilynn A. Burke All rights reserved. Provided for student use only. 1 Vested Remainders • If given to an ascertained person AND • Not subject to a condition precedent (other than the natural termination of the preceding estate) • Precedent: (pri-seed-[c]nt) preceding in time or order; contingent upon some event occurring • Note: Not subject to the rule against perpetuities U N I V E R S I T Y of H O U S T O N Professor Marcilynn A. Burke Copyright©2007 Marcilynn A. Burke All rights reserved. Provided for student use only. Types of Vested Remainders 1. Indefeasibly vested remainders • Certain to become possessory in the future • Cannot be divested U N I V E R S I T Y of H O U S T O N Professor Marcilynn A. -
A Legislative Proposal to Regulate Timesharing Agreements in Iraq Al-Al
Bangor University DOCTOR OF PHILOSOPHY Modernising Iraq: A Legislative Proposal to Regulate Timesharing Agreements in Iraq Al-Ali, Dhurgham Award date: 2017 Awarding institution: Bangor University Link to publication General rights Copyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal ? Take down policy If you believe that this document breaches copyright please contact us providing details, and we will remove access to the work immediately and investigate your claim. Download date: 07. Oct. 2021 Modernising Iraq: A Legislative Proposal to Regulate Timesharing Agreements in Iraq By Dhurgham Fadhil Hussein Al-Ali, LLB, LLM (Iraq) A thesis submitted to the University of Bangor, School of Law in fulfilment of the requirements for the award of degree of Doctor of Philosophy July 2017 Abstract This thesis seeks to provide the Iraqi legislature with a proposal to regulate the timesharing industry in Iraq. The aim of the primary research question of the thesis is to ascertain what features of legal regimes for timeshare are likely to provide the optimal system of a timeshare operation in any jurisdiction, from which a legislative proposal for Iraq will be suggested. -
Property—Future Interest—Partition by Remaindermen Allowed
University of Arkansas at Little Rock Law Review Volume 4 Issue 3 Symposium on Developmental Article 8 Disabilities and the Law 1981 Property—Future Interest—Partition by Remaindermen Allowed Jo Carol Jones Gill Follow this and additional works at: https://lawrepository.ualr.edu/lawreview Part of the Property Law and Real Estate Commons Recommended Citation Jo Carol Jones Gill, Property—Future Interest—Partition by Remaindermen Allowed, 4 U. ARK. LITTLE ROCK L. REV. 543 (1981). Available at: https://lawrepository.ualr.edu/lawreview/vol4/iss3/8 This Note is brought to you for free and open access by Bowen Law Repository: Scholarship & Archives. It has been accepted for inclusion in University of Arkansas at Little Rock Law Review by an authorized editor of Bowen Law Repository: Scholarship & Archives. For more information, please contact [email protected]. NOTES PROPERTY-FUTURE INTERESTS-PARTITION BY REMAINDER- MEN ALLOWED. Henry v. Kennedy, 273 Ark. 383, 619 S.W.2d 632 (1981). J.C. Kennedy died owning 560 acres in Desha County, Arkan- sas. He devised a life estate to his widow with a remainder, in equal shares, to his nephews Wilburn Kennedy and Cecil Kennedy. Wil- burn Kennedy conveyed his undivided one-half remainder interest to E.R. Henry, Jr. and Sterling L. Henry. The Henrys petitioned for partition under the Arkansas partition statute,' as owners of one- half of the remainder interest, against Cecil Kennedy. Because the property was not susceptible to partition in kind, the chancery court ordered a sale of the property, subject to the widow's life estate. On appeal, the Arkansas Court of Appeals reversed, holding that re- maindermen have no right to bring a partition action against other remaindermen when they have no present possessory interest in the property.2 On certiorari, the Arkansas Supreme Court reversed, holding that citizens of Arkansas who have a remainder interest in property may compel partition of their future interests regardless of whether they have any present possessory interest. -
Future Interests in Property in Minnesota Everett Rf Aser
University of Minnesota Law School Scholarship Repository Minnesota Law Review 1919 Future Interests in Property in Minnesota Everett rF aser Follow this and additional works at: https://scholarship.law.umn.edu/mlr Part of the Law Commons Recommended Citation Fraser, Everett, "Future Interests in Property in Minnesota" (1919). Minnesota Law Review. 1283. https://scholarship.law.umn.edu/mlr/1283 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Minnesota Law Review collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. MINNESOTA LAW REVIEW FUTURE INTERESTS IN PROPERTY IN MINNESOTA "ORIGINALLY the creation of future interests at law was greatly restricted, but now, either by the Statutes of Uses and of Wills, or by modern legislation, or by the gradual action of the courts, all restraints on the creation of future interests, except those arising from remoteness, have been done away. This practically reduces the law restricting the creation of future interests to the Rule against Perpetuities,"' Generally in common law jurisdictions today there is but one rule restricting the crea- tion of future interests, and that rule is uniform in its application to real property and to personal property, to legal and equitable interests therein, to interests created by way of trust, and to powers. In 1830 the New York Revised Statutes went into effect in New York state. The revision had been prepared by a commis- sion appointed for the purpose five years before. It contained a code of property law in which "the revisers undertook to re- write the whole law of future estates in land, uses and trusts .. -
Grants of Easements and Estate Distinguished: Alienability Of
GRANTS OF EASEMENTS AND ESTATES DISTINGUISHED: ALIENABILITY OF POSSIBILITY OF REVERTER In re Wyatt's Claim 74 Ohio L. ribs. 450, 141 N.E.2d 308 (Ohio Zpp. 1955) In November 1901, J. B. Wyatt executed to the Western Ohio Railway Company a warranty deed to a strip of land which was part of a 90 acre tract held in fee by the grantor. A condition in the deed provided that if the grantee failed to use the premises for railway purposes, "the estate hereby granted [Emphasis Added] . shall cease and determine and the title . shall revert . [to] the grantor [,] his.heirs and assigns without further act or deed." In March 1902, J. B. Wyatt conveyed the fee in the 90 acre tract by warranty deed to John H. and J. D. Barnes and the grant excepted "the right and title of the Western Ohio Railway Company' . ." In 1932 the Railway Company forfeited its interest in the strip of land and the owners of the 90 acre tract treated the strip of land as their own.' However, when the Department of Highways appropriated the land for public use, the sole devisee of J. B. Wyatt's estate asserted ownership and claimed the proceeds' of the appropriation. The court of appeals found that the deed to the Railway Company conveyed only a "limited title to a right of way or an easement" and that the deed of the 90 acre tract divested the grantor of all interest in the premises. Relatively little difficulty should be encountered in distinguishing between a fee simple determinable and an easement, but the importance of such a distinction cannot be overemphasized. -
Property OUTLINE
PROPERTY – PROF. HULSEBOSCH, SPRING 2009 Theorists Locke: product of labor Hegel: extension of will BenthaM: settled expectations Marx: foundation of class conflict State law: Most adopted comMon law of England: fed courts apply law of state Jacque v. Steenberg Homes (1997) p1: mobile home delivery across land, despite owners Jury awards large punitive daMages, despite noMinal daMages (reManded to dist for reinstateMent) NoMinal daMages May support punitive daMages in action for intentional trespass Incentives: prevent ∂ froM repeat trespass if daMages are high Policy: right to exclude has social benefits Sovereignty over property, goal of home ownership ProMotes civic responsibility, care for property Avoid violence/self-help Hinman v. Pacific Air Transport (1936) p9: Ad coeluM, fly over, no actual daMages (only own that space that you occupy or Make use of, Must reclaiM) Actual daMages in Causby, where flyover harMed chickens Can’t charge for use of airspace: too ripe for holdouts Epstein: save the theory of ad coeluM by adMitting that these are trespasses, but iMplicit in kind coMpensation (get to fly over every else’s land)—injury to each is sMall but transaction costs are high Penner: skeptical Grey: More regulable, don’t worry about privilege Trespass/Nuisance Divide Trespass protects interest in possession, nuisance protects use and enjoyMent Hendricks v. Stalnaker (1989) p23: balance septic tank versus well: well = nuisance overturned Balanced interests of landowners, septic systeM More invasive Interference unreasonable when -
Property Law Capsule Summary
[Note: Numbers in brackets refer to the printed pages of Understanding Property Law by John G. Sprankling where the topic is discussed.] LexisNexis Capsule Summary Property Law PART I: INTRODUCTION Chapter 1 WHAT IS PROPERTY? § 1.01 An “Unanswerable” Question? [1-2] The term property is extraordinarily difficult to define. The ordinary person defines property as things that are owned by people. However, the law defines property as rights among people that concern things. § 1.02 Property and Law [2-4] [A] Legal Positivism The dominant view in the United States is that property rights arise only through government; this view is known as legal positivism. For example, in Johnson v. M’Intosh, 21 U.S. 543 (1823), the Supreme Court stressed that in deciding land claims based on Native American rights, it could only rely on laws adopted by the federal government, not on natural law or abstract justice. [B] Natural Law Theory Natural law theory, in contrast, posits that rights arise in nature as a matter of fundamental justice, independent of government. The Declaration of Independence is the high-water mark of this theory in the United States. § 1.03 Defining Property: What Types of “Rights” Among People? [4-7] [A] Scope of Property Rights Under our legal system, property rights are limited, not absolute. They exist only to the extent that they serve a socially useful justification. 1 Copyright © 2003 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. [B] Property as a “Bundle of Rights” It is common to describe property as a “bundle of rights” in relation to things. -
Real Property Future Interests
Real Property: Future Interests STEP ONE: What type of interest in land is claimed? PRESENTLY-HELD FUTURE POSSESSORY INTERESTS IN LAND FUTURE INTEREST IN GRANTOR FUTURE INTEREST HELD BY ANOTHER POSSIBILITY RIGHT OF CONTINGENT INDEFEASIBLY VESTED VESTED RMDR. EXECUTORY REVERSION OF REVERTER RE-ENTRY REMAINDER VESTED REMAINDER SUBJ. TO FULL INTEREST REMAINDER SUBJ. TO OPEN DIVESTMENT STEP TWO: What will the effect be? Three questions A. Was the interest validly created? Created by Created by Created by Remainders Remainders Remainders Remainders Any future owner's grant owner granting owner granting always follow always follow always follow always follow interest not of life estate or an FSD. Need FSSCS. Must life estates. life estates. life estates. life estates. in grantor other lesser not be express be expressly Future Created in Created by a Created by and not estate in land reservation. reserved by interest that ascertained “class gift” remainder w/ following a No Rule grantor, or will vest if person or where class language of life estate Against Perps No RAP: vested right is invalid. contingency persons in being may grow. condition (RAP): owner occurs. and no RAP applies subsequent. RAP applies interest is No RAP: vested conditions. as long as the No RAP. always vested RAP applies. No RAP. class is still open. B. What are the characteristics of the interest? Owner's Owner's Not vested Owner's future Certain to Subject to future int. in future int.: yet: depends Fully vested Springing: interest in the become posses. being reduced return of land right to re- on condition remainder subj. -
Mountain Brow Lodge No. 82 V. Toscano, 64 Cal
• Life Estates Continued • Defeasible Estates Baker v. Weedon, 262 So. 2d 641 (Miss. 1972), Casebook, p. 230. The Life Estate Continued I give and bequeath to my beloved wife, Anna Plaxico Weedon all of property . During her natural life and upon her death to her children, if she has any, and in the event she dies without issue then at the death of my wife Anna Plaxico Weedon, I give . all my property to my grandchildren, each grandchild sharing equally with the other. 1 Baker v. Weedon cont’d The Life Estate Continued • Necessary— – To prevent waste? – In the best interests of all parties? • Remedies – Selling the entire estate is drastic. – Sell only part to provide for Anna’s reasonable needs if parties can’t “unite to hypothecate” the land. Baker v. Weedon cont’d The Life Estate Continued • Reasonable needs of life tenant? • Efficiency of proposed remedy? Chancellor will have continuing jurisdiction. • Sale of entire estate drastic? • Balancing rights of present interest holders against those of future interest holders. 2 Defeasible Estates • So far, we’ve studied two kinds of fee simple. – Absolute – Defeasible • There are two defeasible fees simple. – Determinable – Subject to Condition Subsequent Defeasible Estates Fee Simple Determinable • It will end automatically when an event occurs. The grantor is conveying a fee simple only until an event happens. • It uses words of duration, such as “so long as” “while used for”, and “until”. 3 Defeasible Estates Fee Simple Determinable cont’d • The future interest created is a possibility of reverter. • The future interest may be expressly retained or it may arise by operation of law. -
Toward a Model Law of Estates and Future Interests
Toward a Model Law of Estates and Future Interests D. Benjamin Barros* Table of Contents I. Introduction ...................................................................................... 4 II. The Case for Reform ........................................................................ 7 A. The Bestiary of Estates and Future Interests .............................. 7 B. The Unnecessary Complexity of the Current System .............. 17 C. If It Ain’t (Completely) Broke, Why Fix It? ............................ 20 III. Two Mechanisms of Reform: Restatements v. Model Laws .......... 22 IV. Crafting a Model Law ..................................................................... 28 A. Initial Considerations ............................................................... 28 1. Naming Issues ................................................................... 29 2. Elimination of the Vestiges of Feudalism ......................... 30 3. Alienability of Present and Future Interests ...................... 30 4. Scope and Definitions of Present and Future Interests ...... 31 B. Present Possessory Interests ..................................................... 32 1. The Fee Simple Absolute .................................................. 32 2. Nonrecognition of Fee Tail and Fee Simple Conditional ........................................................................ 33 3. The Life Estate .................................................................. 34 4. The Tenancies ..................................................................