Property Law Keyed to Cribbetback
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Maine conveyed Ice Mountain to Vermont, “so long as it is used exclusively and in its entirety as a site for winter sports such as skiing, bobsledding, luge, and the like.” Maine then died intestate, survived only by his heir Newhamp. One year later, Vermont discovered that Ice Mountain occupied a significant portion of the surface of the largest underground oilfield ever detected on this planet. Vermont immediately leased the rights to extract oil from under Ice Mountain to a large, multinational oil company, which shut down all winter sports activities. Upon learning of Vermont’s acts, Newhamp brought an action against Vermont and the oil company to quiet title in himself to Ice Mountain.
What will be the outcome of this litigation?Grading can be reviewed and adjusted.Grading can be reviewed and adjusted.
Allan owned Handy Grounds, a one-acre tract of land containing a gift shop and general store that was located outside of a national park. Thirty years ago, he delivered a deed of Handy Grounds “to Martin for so long as tobacco is not sold on the premises, because careless smokers are the second leading cause of fires in the park.” The deed was promptly and properly recorded. A few years later, Allan died, leaving Lewis as his only heir but devising “all of my interests in any real property” to Doug by a duly probated will. The next year, Doug conveyed “all of my interest in Handy Grounds” to Paul by means of a quitclaim deed supported by valid consideration. Paul promptly and properly recorded the deed.
Two months ago, Martin began selling tobacco at the general store located on Handy Grounds.
In a jurisdiction in which the common law Rule Against Perpetuities is unmodified by statute, who currently has title to Handy Grounds?Grading can be reviewed and adjusted.Grading can be reviewed and adjusted.