Property Law Keyed to Cribbetback
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A landowner conveyed a parcel of land “to my brother, his heirs and assigns, but if my brother dies and is not survived by children by his present wife, then to my cousin and his heirs and assigns.” Shortly after taking possession, the brother discovered rich metal deposits on the land, opened a mining operation, and removed and sold a considerable quantity of valuable ore without giving the cousin any notice of his action. The brother has no children. The brother, his wife, and the cousin are all still living. The cousin brought an action in equity for an accounting of the value of the ore removed and for an injunction against further removal.
If the decision is for the brother, it will be because:CorrectIncorrect
A retired physician without children owned his former office, which was part of a professional condominium complex. The physician rented out the office, but he wanted to give it to one of his nephews to ensure that someone would follow in his footsteps. One of the physician’s nephews was in medical school and had chosen psychiatry as his specialty. As a proctologist, the physician couldn’t understand why his nephew wanted to waste all that good education to deal with nuts. The physician’s niece was a high school sophomore who did well in science class and seemed interested in proctology.
The physician decided to convey his condominium “to my nephew for life, then, if my niece should be awarded the degree ‘Doctor of Medicine’ and complete a residency, to my niece and her heirs as long as the office is used for the practice of medicine.”
Which of the following choices is NOT correct?CorrectIncorrect
In 1922, a minister and strong supporter of Prohibition, conveyed a ten-acre farm he had inherited from his father “to my son and his heirs so long as this farm is not used to sell, produce, or warehouse alcohol or assist the alcohol industry in any manner.” The son died in 1925 whereupon the property passed to his two children. In 1965 they sold their interest in the property to a buyer. The children died in the early 1970s, each leaving three children and a spouse. Both spouses eventually remarried. Kentucky Bourbon purchased five of the ten acres in 2000 and constructed a whiskey distillery.
What should the status of the land be now?CorrectIncorrect
Grantor conveyed title to his house, which he owned in fee simple, to Contractor, who paid full value. Contractor never recorded the transaction. Several months later, Grantor conveyed title to the same house to his daughter “in consideration for services provided by Daughter.” Daughter promptly recorded. Grantor was retired and living out of state and had not occupied the house for several years. Neither Contractor nor Daughter attempted to occupy the house. The jurisdiction has a pure race recording statute requiring “good faith” and “value” in order for a junior claimant to obtain priority.
In an action between Contractor and Daughter for title to the house, which of the following choices is the best answer?CorrectIncorrect