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PLEASE PUT ASSIGNMENT #3 IN ENVELOPE ON CHAIR  PowerPoint Presentation
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PLEASE PUT ASSIGNMENT #3 IN ENVELOPE ON CHAIR 

PLEASE PUT ASSIGNMENT #3 IN ENVELOPE ON CHAIR 

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PLEASE PUT ASSIGNMENT #3 IN ENVELOPE ON CHAIR 

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  1. 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

  2. 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

  3. 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)

  4. 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)

  5. Implied Warranty of Habitability • Version exists today in almost every state via statute or caselaw.

  6. 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

  7. 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

  8. Written Assignment #4 • Task: Make Arguments from a Fairly Complex Statute

  9. Written Assignment #4 • Make Arguments from Complex Statute • Read Materials on Constructive Eviction & Implied Warranty of Habitability as Background (Chapter 6 § § C1 & C2)

  10. 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

  11. 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!!!!!

  12. 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

  13. Written Assignment #5 • Attend a Zoning Hearing: Describe & Critique • Accompanying Readings are on reserve; read for plot/description of process; not legal points. Qs

  14. WHITEv. BROWN

  15. HAWKS Discussion Questions 93-96

  16. 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?

  17. DQ94:The White majority complains that “the words chosen by the testatrix are not specific enough to clearly state her intent."

  18. 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.

  19. Why does the majority have problems discerning Jessie Lide’s intent?

  20. Fee Simple Life Estate Conditional Fee So long as not sold So long as E lives there Conditional Life Estate I wish Evelyn White to have my home to live in and not to be sold.Possible Characterizations

  21. DQ94: WHAT ARE THE MAJORITY’S ARGUMENTSTHAT MS. LIDE INTENDED TO CREATE A FEE SIMPLE?

  22. MAJORITY ARGUMENTS(FEE SIMPLE) • Presumption: grant conveys whole estate • No gift over • Partial intestacy disfavored

  23. DQ95: WHAT ARE THE DISSENT’S ARGUMENTSTHAT MS. LIDE INTENDED TO CREATE A LIFE ESTATE?

  24. 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

  25. 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?

  26. RESULT OF HOLDING OF WHITE v. BROWN The Property Can Be Sold!!!

  27. DQ96:What additional facts might add weight to the majority opinion?To the dissent?

  28. VESTED v. CONTINGENT REMAINDERS

  29. 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.

  30. VESTED REMAINDER • Grantee is living ascertainable person (Presumed if granted to a named individual)

  31. 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

  32. 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.

  33. CONTINGENT REMAINDER • Grantee is presently unborn or unascertainable *OR* • Clause creating the remainder contains a condition on grantee taking the property

  34. CONTINGENT REMAINDER: EXAMPLES • “To Fred for life, then to Fred’s firstborn child.” Fred presently has no children. (Not born)

  35. Suppose Fred has a child…

  36. CONTINGENT REMAINDER: EXAMPLES • “To Fred for life, then to Fred’s oldest child living at Fred’s death.” (not ascertainable)

  37. CONTINGENT REMAINDER:EXAMPLES • “To Fred for life, then to Wilma and her heirs if Dino survives Fred (condition precedent)

  38. ANALOGY Vested Remainder Theater Ticket Contingent Remainder  Lottery Ticket

  39. Life Estate + Vested Remainder To Fred for Life, then to Wilma and her heirs

  40. Life Estate + Contingent Remainder Barney “to Fred for Life,then to Wilma and her heirs if Dino survives Fred.”

  41. Life Estate + Contingent Remainder Barney “to Fred for Lifethen to Wilma and her heirs if Dino survives Fred.” Barney retains a reversion.

  42. REMAINDERS “IN …” : • “To Fred for life, then to Wilma for life.”Wilma has a vested remainderin life estate • “To Fred for life, then to Wilma and her heirs if Dino survives Fred. Wilma has a contingent remainderin fee simple

  43. PROBLEMS 7A-7G Featuring the Owls

  44. (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?

  45. (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?

  46. (7B): Kermit “to Ernie for life, then to Burt forever.” (Common Law) Ernie: ?

  47. (7B): Kermit “to Ernie for life, then to Burt forever.” (Common Law) Ernie: Life Estate Burt: ?

  48. (7B): Kermit “to Ernie for life, then to Burt forever.” (Common Law) Ernie: Life Estate Burt: Vested Remainder in Life Estate

  49. (7B): Kermit “to Ernie for life, then to Burt forever.” (Common Law)

  50. (7B): Kermit “to Ernie for life, then to Burt forever.” (Common Law) Who owns the last piece?