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Question 3 1. What rights, title, and interest in Blackacre, if any, are currently held by Al, Frank, Cara, and Kim? Discuss. Fee Simple Absolute The maximum ownership for a potentially infinite duration. It is freely alienable, devisable by will, or inherited. Here, Olive owns Blackacre in fee simple absolute as evidences Olive owned Blackacre in fee simple absolute which is maximum ownership of Blackacre Olive’s Conveyance Here, in 1991, Olive conveyed the northern half of Blackacre to Al which gave Al maximum ownership of the northern half of Blackacre in fee simple absolute. Joint Tenancy A concurrent ownership where each tenant has an undivided interest with a survivorship right. Time Each tenants interest must vest at the same time. Here, there is to time because although Bill, Cara, and Darla all vested at the same time, in 1992, Olive died. She left a valid will that conveyed to her three friends stating “all my interest in Blackacre to Bill, Cara, and Darla as joint tenants with a right of survivorship.” Which evidences that there is no valid transfer as a will is not a valid deed to transfer interests in Blackacre. Thus, there is no time. Title

Each tenant must acquire interest by the same instrument. Here, there is no title because in 1992, Olive died. She left a valid will that conveyed to her three friends stating “all my interest in Blackacre to Bill, Cara, and Darla as joint tenants with a right of survivorship.” Which evidences that Blackacre was never acquired in the first place due to invalid deed. Thus, there is no title. Interest Each tenants interest is the same type and duration. Here, there is no interest because in 1992, Olive died. She left a valid will that conveyed to her three friends stating “all my interest in Blackacre to Bill, Cara, and Darla as joint tenants with a right of survivorship.” Which evidences that Blackacre was never acquired due to an invalid deed because a will is not valid. Thus, there is no interest Possession Each tenant has an identical right of enjoyment. Here, there is no possession because in 1992, Olive died. She left a valid will that conveyed to her three friends stating “all my interest in Blackacre to Bill, Cara, and Darla as joint tenants with a right of survivorship.” Which evidences that there cannot be any right of enjoyment as Blackacre was transferred invalidly as a will. Thus, there is no possession Thus, there is no joint tenancy between Bill, Cara, and Darla as a will cannot be used as a valid deed to transfer interests of Blackacre. Restraint on Alienation

A restriction on the sale or conveyance of real property. Here, there was a restraint on alienation because The will also provided that “Bill, Cara, or Darla and their heirs shall not mortgage, sell, or transfer their respective interest to any third person indefinitely, otherwise Olive reserves the right to re-enter and retake Blackacre.” Which evidences the restraint is void. However, the whole will is invalid because the transference of Blackacre is invalid. Leasehold Estates Defeasible Fees A fee estates that may be terminated upon the happening or non-happening of a stated event. Fee Simple Subject to a Condition Subsequent A defeasible estate that does not automatically end upon the happening of an event. Here, there is a fee simple subject to condition subsequent because The will also provided that “Bill, Cara, or Darla and their heirs shall not mortgage, sell, or transfer their respective interest to any third person indefinitely, otherwise Olive reserves the right to re-enter and retake Blackacre.” However, this all gets voided as there is an invalid transfer of Blackacre as it it’s through a will. Thus, all of Bill, Cara, or Darla’s heirs interests are not valid. Darla’s Conveyance In 2022, Darla approached Bill and inquired about Blackacre. Bill responded that the subject was personal to him. Bill stated, “I’m the youngest and this land will be all mine one day.” Thereafter, Darla sold her interest in Blackacre to Frank which evidences that Darla sold her interests to Frank that she never actually had.

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Thus concluding that neither Bill, Cara or Darla or Frank have valid interests in Blackacre due to the invalid deed. Adverse Possession (Bill) Actual, open and notorious, hostile, exclusive, and continuous for a terms of years. Actual Possessor gains title by actually occupying the land. Here, there is actual because in 1993, without informing Cara or Darla, Bill constructed several campgrounds on both the northern and southern halves of Blackacre which evidences Bill’s physical invasion of the land. Furthermore, there is actual because he would occasionally use one campground for himself and rented out the other campgrounds during the spring and summer seasons each year which evidences that this is how a reasonable person would want to operate a campground. Thus, there is actual. Constructive Possession An adverse possessor who enters under color of title may acquire title to the entire tract described in the document thought he actually possessed only part of it. Here, there is constructive possession because there is a color of title as evidences by in 1992, Olive died. She left a valid will that conveyed to her three friends stating “all my interest in Blackacre to Bill, Cara, and Darla as joint tenants with a right of survivorship.” Which is a invalid deed. Thus there is constructive possession. Open and Notorious When a reasonable true owner would be aware of the claim.

Here, there is open because Bill constructed several campgrounds on both the northern and southern halves of Blackacre which evidences that a reasonable person would believe that Bill is openly possessing Blackacre. Furthermore, there is notorious because He would occasionally use one campground for himself and rented out the other campgrounds during the spring and summer seasons each year which evidences him notoriously using it to rent it out to others during the spring and summer. Thus, there is open and notorious. Hostile Possessor must possess the land without the owner’s permission and intend to claim the land as his or her own against the claims of others. Here, there is hostile because Bill is possessing the owners land without their permission as evidences by Bill constructed several campgrounds on both the northern and southern halves of Blackacre which shows he is on Al’s northern side of blackacre which per the facts there is no statement if he got any permission. Furthermore, there is hostile because Bill would use the rental fees he received to cover the property taxes for Blackacre and retain the remaining profits for himself which evidences that a reasonable person would believe that anyone paying property taxes on a party would assume it is theirs and they intend to claim it as their own. Thus, there is hostile. Exclusive Possession cannot be shared with the true owner or other claimants. Here, there is exclusive because Bill would occasionally use one campground for himself and rented out the other campgrounds during the spring and summer seasons each year

which evidences that he cannot share the possession with the true owner of the property. However, you can argue that there is no exclusive because he is not the true owner of the property as Al is the true owner of the northern half. Thus, there is not exclusive. Property Tax In a minority jurisdiction the adverse possessor does not meet adverse possession because they did not pay property tax. In a Majority jurisdiction the adverse possessor does not need to pay property tax to meet adverse possession. Continuous Possession must be used continuously and uninterrupted. Here, there is continuous because, he would occasionally use one campground for himself and rented out the other campgrounds during the spring and summer seasons each year which evidences that although the campground was only being used for the spring and summer and that means in the winter and fall there were absences. Furthermore, despite these absences, his possession may be sufficiently continuous to constitute adverse possession, because it is an appropriate and normal se of this type of property. Thus, there is continuous. Term of Years Possession must be a duration defined under the statute of limitations for trespass. Here, since the facts are vague as to the statute of limitations so I will default to common law which is 20 years which it does go over as evidences in 1993, without informing Cara or Darla, Bill constructed several campgrounds on both the northern and southern halves of Blackacre which shows when Bill began adversely possessing Blackacre. In addition, n 2023,

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Bill died. His valid will left all his interest to his daughter, Kim which shows when Bill himself stopped adversely possessing Blackacre. Thus, the statute of limitations has expired. Thus, Bill is not an adverse possessor. Adverse Possession (Kim) Actual See Supra Here, there is actual because sometimes, as Bill had done, Kim used the campgrounds for herself which evidences that Kim had physical invasion of the land. Thus, there is actual. Constructive Possession See Supra Here, there is constructive possession because there is a color of title as evidences by in 1992, Olive died. She left a valid will that conveyed to her three friends stating “all my interest in Blackacre to Bill, Cara, and Darla as joint tenants with a right of survivorship.” Which is a invalid deed. Furthermore, In 2023, Bill died. His valid will left all his interest to his daughter, Kim which evidences the invalid deed Thus there is constructive possession. Open and Notorious See Supra Here, there is notorious because Kim continued renting the campgrounds and paying the property taxes, and retaining the profits for herself which evidences that a reasonable person

would believe paying taxes and collecting profits would result in one owning the property. Furthermore, there is open because sometimes, as Bill had done, Kim used the campgrounds for herself. Hostile See Supra Here, there is not hostile because although she is using it without the owners permission as evidences by in 2023, Bill died. His valid will left all his interest to his daughter, Kim. Kim continued renting the campgrounds and paying the property taxes, and retaining the profits for herself. Sometimes, as Bill had done, Kim used the campgrounds for herself which shows that it was transferred by an invalid deed & also that she was using the northern half of blackacre without Al’s permission. However, Kim had never intended to claim blackcare as her own against the claim of others. Thus, there is no hostile. Exclusive See Supra Here, there is no exclusive because Kim continued renting the campgrounds which evidences that people are coming in and out of Blackacre. Thus, there is no exclusive. Property Tax In a minority jurisdiction the adverse possessor does not meet adverse possession because they did not pay property tax. In a Majority jurisdiction the adverse possessor does not need to pay property tax to meet adverse possession.

Continuous See Supra Here, there is no continuous because Kim continued renting the campgrounds and paying the property taxes, and retaining the profits for herself. Sometimes, as Bill had done, Kim used the campgrounds for herself which evidences that there was no continuous possession of Blackacre. Thus, there is no continuous. Term of Years See Supra Possession must be a duration defined under the statute of limitations for trespass. Here, since the facts are vague as to the statute of limitations so I will default to common law which is 20 years which it does go over as evidences in 1993, without informing Cara or Darla, Bill constructed several campgrounds on both the northern and southern halves of Blackacre which shows when Bill began adversely possessing Blackacre. In addition, n 2023, Bill died. His valid will left all his interest to his daughter, Kim which shows when Bill himself stopped adversely possessing Blackacre. Thus, the statute of limitations has expired. Thus, Kim is not an adverse possessor. Tacking Tacking of time between adverse possessors is permitted on condition that the parties are in privity.

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Here, there is tacking because In 2023, Bill died. His valid will left all his interest to his daughter, Kim which evidences that the clock continues tick because it does not matter if it was transferred with an invalid deed it only matters once possession was transferred. Thus, there is tacking Privity Privity occurs where a possessor takes by descent, devise, or by deed purporting to convey title. Here, there is privity because In 2023, Bill died. His valid will left all his interest to his daughter, Kim which evidences it was transferred with an invalid deed it only matters once possession was transferred. Thus, there is privity. 2. Are any claims available to or against Kim for payment of taxes or recovery of rental fees? Discuss. Rents and Profits A co-tenant who collects rent from third parties or gains profit derived from the use of the land must share. Here, there is a rents and profits issue because . Kim continued renting the campgrounds and paying the property taxes, and retaining the profits for herself which evidences that she is using Blackacre for profits and is collecting rent that should be shared with Al.

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