ESSAY DUE DATE: This essay will be due on this coming Thursday - June 13th. Essays with comments and rubrics will be returned to you by Tuesday, June 18th via email.
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ALL STUDENTS
It is with some trepidation that I post the next essay without an alternate. Some things have changed and I am trying to manage all of the schedules and assignments from various commercial bar graders. With that said, if you have not covered this topic or have had this essay assigned, please let me know and I will post another)
Essay - REAL PROPERTY - Please use the July 2007 Question in your essay book. The text of the question is set out below.
Owen owned vacant land (Whiteacre) in State B located 500 yards from a lake and bordered by vacant land owned by others. Owen, who lived 50 miles from Whiteacre, used Whiteacre for cut-ting firewood and for parking his car when he used the lake.
Twenty years ago, Owen delivered to Abe a deed that read in its entirety:
Owen hereby conveys to the grantee by a general warranty deed that parcel of vacant land in State B known as Whiteacre.
Owen signed the deed immediately below the quoted language and his signature was notarized. The deed was never recorded.
For the next 11 years, Abe seasonally planted vegetables on Whiteacre, cut timber on it, parked vehicles there when he and his family used the nearby lake for recreation, and gave permission to friends to park their cars and recreational vehicles there. He also paid the real property taxes due on the land, although the tax bills were actually sent to Owen because title had not been registered in
Abe’s name on the assessor’s books. Abe did not build any structure on Whiteacre, fence it, or post no-trespassing signs.
Nine years ago, Abe moved to State C. Since that time, he has neither used Whiteacre nor given others permission to use Whiteacre, and to all outward appearances the land has appeared unoc-cupied.
Last year, Owen died intestate leaving his daughter, Doris, as his sole heir. After Owen’s death, Doris conveyed Whiteacre by a valid deed to Buyer, who paid fair market value for Whiteacre. Neither Doris nor Buyer knew of the Owen-to-Abe deed. Both Doris and Buyer believed that Owen was the owner of Whiteacre at the time of his death. Buyer promptly and properly recorded the deed from Doris and immediately went into possession of Whiteacre.
Last month Abe returned to State B. When he discovered Buyer in possession of Whiteacre, he sued Buyer for possession.
State B has enacted the following statutes:
1. Actions to recover possession of real property shall be brought within ten years after the cause of action accrues.
2. No conveyance or mortgage of real property shall be good against subsequent purchasers for value and without notice unless the same be recorded according to law.
Who is entitled to possession of Whiteacre? Explain.