Chapter 4

FREEHOLD ESTATES

8. O’Malley was the owner in fee simple of Blackacre. As a gift, O’Malley delivered to Abel a deed to Blackacre; the deed read, “to Abel and his heirs.” Abel recorded the deed as required by local statutes. Abel then delivered a deed to Blackacre to Barbara, who recorded it. Abel then died, leaving as his sole heir his son, Callaway. Who owns Blackacre? _______________
9. In the State of Ames, there is a one-year statute of limitations on actions to enforce a right of entry for condition broken. Ames also has a statute barring any possibility of reverter 50 years following the creation of a fee simple determinable. In Ames, O held a fee simple absolute in Blackacre. Because O had watched his daughter’s marital prospects be ruined by her early involvement as a pornography star, O sold Blackacre to A, a nightclub operator, under a conveyance, “To A and his heirs so long as the premises are not used for topless or erotic dancing, and if they are so used, then the premises shall revert to O.” This conveyance took place in 1980. A complied with this restriction. In 1988, O died, leaving all his real and personal property to his son S. In 1990, A conveyed, “To B and his heirs, in fee simple absolute.” That same year, B began to use the premises as a topless bar, and continued doing so for the next 19 years. In 2012 S asks the court for a determination that the property now belongs to him because of B’s operation of the topless club. Should the court grant S’s request? _______________
10. Same facts as the prior question. Now, however, assume that the deed from O to A stated, “To A and his heirs, provided that no topless or other obscene dancing ever takes place on the premises. If such dancing does take place, Grantor or his heirs may re-enter the property.” All other facts remain the same, except that in 2012, S files suit for a decree authorizing him to re-enter the property. Should the court grant S’s request? _______________
11. O conveyed Blackacre “to A for life, remainder to B.” One year later, A quit-claimed all of his interest in Blackacre to C. After this quitclaim deed, what is the state of title? _______________