Model Answers

Question 1

Rules Against Perpetuities

Answer 1

No interest is good unless it either fails or vest (and close) no later than 21 years after some life in being at the creation of the interest. A future interest is void if it is in a grantee, it is either contingent or subject to open, and it might exist and still be contingent or open longer than 21 years after the death of the last person alive at the time of the conveyance.

Question 2

R.A.P. Danger signs

Answer 2

The condition is not personal to someone.
A stated time period of more than 21 years
Interest goes to a generation after the next
Conveyance requires the holder to survive someone who s merely described, not named
An event would normally happen.

Question 3

Adverse Possession

Answer 3

Adverse possession is a doctrine in which the trespasser takes title of a property when the trespasser possesses another’s property by (1) actual use, (2) continuous, (3) exclusive, (4) open and notorious, and (5) adverse by claim of right.

Question 4

Actual use

Answer 4

The element of actual use is satisfied when the trespasser uses the property as a reasonable owner would. They use must be enough to put the true owner on notice to act.

Question 5

Continuous

Answer 5

To satisfy the element of continuous the trespasser must be uninterrupted for the statutory period (10 years). does not have to be in actual possession all the time but must at least have constructive possession

Question 6

Exclusive

Answer 6

To satisfy this element the possessor must live on the land without sharing it with anyone including the true owner. By exercising the right to exclude, one is claiming right to ownership.