Property II

Prof. Ortiz

Practice Essay {1 / #6cd}

45 minutes

Anderson is the record owner of Blackacre, a tract of land in the Township of Ames. Anderson lives in a
neighboring state and, from 1960 to 1997, neither visits nor makes inquiries about Blackacre.

In 1965, Barnes purchases Blackacre from Carter by quitclaim deed. Immediately after purchase, Barnes
takes possession of the land and encloses it with a fence. Shortly thereafter, Barnes begins farming the land in
the usual manner and builds a house on the property. Residents of the township consider Barnes to be the
owner of Blackacre.

In 1998, Barnes enters into a valid contract to sell Blackacre to Dooley. The contract does not include a
time is of the essence clause and mentions nothing about marketable title. Prior to the closing, Anderson learns
of the impending sale and sues to eject Barnes from Blackacre.

On the date of closing, Dooley learns of the lawsuit and seeks to rescind the contract with Barnes. Barnes
refuses. Dooley sues Barnes to rescind the contract.

You are the judge sitting for Dooley v. Barnes and Anderson v. Barnes. You have heard evidence
establishing all of the above. Write your opinion.

Owner = A.
65: C QD B, fences, farming, builds house. + open & notorious /\ residents consider B to be Owner.
98: B valid k sell D,
*no time of essence* = therefore, implied reasonable time
*No mention of marketable title* = marketable title is always implied
Prior to closing: A v. eject B?
Date of closing: D notice of lawsuit + D seeks to rescind k w/ B.
B refuses. = D rescind v. B?

----------------------------
Owner = A.
65: C QD B, fences, farming, builds house. + open & notorious /\ residents consider B to be Owner.
QD = none of the six warranties present or future.
AP: argument for / elements / app
IF satisfies SOLlikely meets SOL b/c AP statutes tend to be less than 30 years and here 37 years.
= B likely has title due to AP.

98: B valid k sell D,

*no time of essence* = therefore, implied reasonable time
*No mention of marketable title* = marketable title is always implied
Prior to closing: A v. eject B?
Date of closing: D notice of lawsuit + D seeks to rescind k w/ B.
B refuses. = D rescind v. B?

IF A superior title
IF A not superior title

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 Essay 2 /#7cd

2./#7. Adams owns a house in Springfield Heights, a subdivision in the City of Ames. Adams purchased the
house in 1960. The deed to the lot, which is recorded, contains a covenant requiring that any house built on the
lot be two stories. The house, built in 1950 by Adams grantor, is one-story and set back only twenty feet from
the street, violating a zoning ordinance requiring that all residential dwellings be set back at least twenty-five
feet. No one has ever attempted to enforce the covenant or ordinance. In 1965, Adams neighbor Calvin builds
a shed that encroaches two feet along part of Adams backyard. Adams never notices the encroachment.

On November 15 of last year, Becker approaches Adams seeking to purchase Adams house. Becker indicates
that she intends to demolish the house and build a larger house in the same location. While Adams and Becker
tour the house, Becker asks whether the house has had any structural, foundation or other problems. Adams
denies any problems with the house, even though Adams had discovered the roof leaking severely the last time
it rained, damaging the floors and leaving water marks on the ceiling. Although the floors were refinished, the
ceiling and roof were never repaired. In addition, even though Becker had actually walked through the house
and stood under the portion of the roof that had leaked, she did not ask about the water marks on the celing.
Because Becker intends to demolish the old house, she does not pay to have an inspection performed, relying
instead on Adams statements. Becker also does not do a title search.

Adams and Becker orally agree that Becker will purchase her house for $50,000, with a 10% down payment,
subject to all recorded encumbrances. That night Adams prepares a general warranty deed conveying the land to
Becker subject to any and all encumbrances of record. Adams makes a photocopy of it and places it in his
briefcase to give to Becker.

The following day, Becker meets Adams to give him the down payment. Becker writes, dates, and signs a
check to Adams with the notation 10% down payment on the purchase of Adams house, the balance to be paid
at the closing on December 1 of this year. Parties agree that time is of the essence. Adams reads the check and
agrees to the closing date. Later that day, Adams endorses Beckers check and deposits it in the bank.

On December 1, Becker gives Adams a check for the balance due on the house. Adams endorses the check and
deposits it. Adams, mistaking the photocopy for the original, hands the photocopied deed to Becker, stating
heres the deed. Shes all yours.

The next day, Becker moves into the house. She surveys the lot lines and discovery Calvins encroachment. A
torrential downpour the following days causes the roof to leak, flooding the back room. That afternoon, as
Becker cleans up the damage, Calvin drops by. Becker tells Calvin of her plans for the new house and asks that
Calvin move his shed of her land. Calvin refuses. Calvin also tells Becker about the restrictive covenant and
ordinance. Becker, upset because she had planned a sprawling one-story house, calls Adams and asks for her
money back. Adams refuses. Becker ends the call, stating Ill see you in court!

You are Adams lawyer. Advise Adams on all plausible claims that Becker might assert against Adams under
her contract or deed and Adams defense(s) to such claims. Assume that any action that Becker brings will be
within the statute of limitations.

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 Essay 3/#8cd

3/#8. Orville is the record owner of Blueacre. Orville sells Blueacre to Allison. Allison fails to record her
deed at that time, but immediately takes possession of the property.

A year later, Orville sells Blueacre to his son Bob. Bob immediately records his deed, but because he plans to
use Blueacre for investment purposes only, never attempts to take possession. One month after Bob records his
deed, Allison records her deed.

A year later, Bob sells Blueacre to Clarissa. Clarissa immediately records her deed.

In a suit between Allison and Clarissa over ownership of Blueacre, who should win in each type of recording
jurisdiction? Allisons possession is open and notorious, but does not yet meet the statute of limitations for
adverse possession.

[Must diagram]

Essay 4 / #9cd

4/#9. Jessica purchased a half-acre lot near Babbling Brook in the City of Pleasant Valley. At the time
Jessica purchased the lot, the area was unzoned and unrestricted. No one had yet started construction on any of
the surrounding lots. Jessica purchased the lot so that she could build a home and live there when she retired.

Twenty years later, as Jessica made plans to retire, she contacted a builder to build her home near Babbling
Brook. Jessica and the builder went out to the land to scope out the requirements. Whereas when Jessica first
purchased the land there was no construction, now the area was completely developed. Behind and on each side
of Jessicas half-acre lot were large houses built on one-acre lots. The builder informed Jessica that the area
was now zoned single-family housing, but that she would not be able to build on the lot because the city had
imposed a minimum lot-size requirement of one acre. The Citys reasons for enacting the ordinance were to
place a cap on the number of groundwater wells (thereby limiting groundwater usage), limit the harm to the
natural beauty of the area caused by housing density, and keep the usage of existing infrastructure to within its
limits.

Jessica comes to your office to discuss her options. She indicates that her first option is to build on the land if
possible. If not, she would like to receive compensation for her loss. Advise Jessica.