?Section C1 SIT Section E1?

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?Section C1 SIT Section E1?

• MUSIC
• CHANTThe Benedictine Monks of Santo Domingo de
  Silos (1994)

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FHA Bans Discrimination Because of Handicap

• Traditional anti-discrimination claims of unequal
  treatment
• Refusal to rent or sell 3604(f)(1)
• Discriminatory terms 3604(f)(2)

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FHA Bans Discrimination Because of Handicap

• Traditional anti-discrimination claims of unequal
  treatment
• Specialized types of claims to insure access

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Physical Access as Civil Rights Issue

• Stairs Curbs
• Doorknobs
• Height of Counters Light Switches Water
  Fountains
• Depth of carpet
• Width of Doorways

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FHA Bans Discrimination Because of Handicap

• Traditional claims of unequal treatment
• Specialized types of claims to insure access
• Physical accessibility requirements for new
  multi-unit buildings
• Reasonable accommodations 3604(f)(3)(B)
• Reasonable modifications 3604(f)(3)(A)

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Reasonable Accommodations 3604(f)(3)(B)

• Exceptions to generally applicable policies
  programs to insure access
• Same idea as job or exam accommodations for
  disabilities or for religion
• E.g., Parking spaces accompanying rental or condo
  unit (wider, closer, sooner)

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Reasonable Accommodations 3604(f)(3)(B)

• Legal Requirements
• Necessary for enjoyment of unit
• Reasonable. Usually means
• No undue hardship (comparative/proportional)
• No substantial burden (quantitative)
• No fundamental alteration of program
  (qualitative)
• Can Use This Test for Reasonable Modifications as
  Well

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Reasonable Modifications3604(f)(3)(A)

• In Effect, a Form of Reasonable Accommodation
• Usual Rule (Waste) T cant modify premises w/o
  Ls permission
• Statute forces exception to rule to allow access
  to housing
• L must allow modification if necessary to use
  housing reasonable

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Reasonable Modifications3604(f)(3)(A)

• 3604(f)(3)(A) interpreted by 24 CFR 100.203
• Promulgated by U.S. dept. of Housing Urban
  Development pursuant to authority granted by
  Congress
• Treat regulation as binding interpretation of
  statute

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Reasonable ModificationsU.S. v. Freer (WDNY
1994) (S201-03)

• Trailer park
• Typically resident owns trailer
• Resident rents space from owner of trailer park
• Resident wants to install ramp at own expense
  park owners refuse.
• Govt action against park owners on behalf of
  resident

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Reasonable ModificationsU.S. v. Freer (WDNY
1994) (S201-03)

• Necessity for ramp is pretty straightforward
• 5 steps (needs to be carried or assisted)
• Cant participate in normal activities
• Afraid to leave home injured in past while being
  assisted
• Alternative proposed by D much steeper
• Ct no question that refusal to allow ramp
  effectively denies equal opportunity to use home

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Reasonable ModificationsU.S. v. Freer (WDNY
1994) (S201-03)

• DQ108 Meaning of Reasonable
• Statutory Language gives little guidance
• Regulation doesnt define reasonable just
  gives two pretty easy examples.

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Reasonable ModificationsU.S. v. Freer (WDNY
1994) (S201-03)

• DQ108 Meaning of Reasonable
• Statutory Language gives little guidance
• Regulation doesnt define reasonable just
  pretty easy examples.
• Freer no undue financial or administrative
  burden suggests 3-part test from Reas. Accom.
• No undue hardship
• No substantial burden
• No fundamental alteration of program

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Reasonable ModificationsU.S. v. Freer (WDNY
1994) (S201-03)

• DQ108 Meaning of Reasonable
• 3-part test from Reas. Accom.
• No undue hardship
• No substantial burden
• No fundamental alteration of program. Means?
• Maybe big change to building or interference w
  fancy architecture (Trailer park??!!)
• Maybe if rental is personal home, L gets more
  leeway?

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Reasonable ModificationsU.S. v. Freer (WDNY
1994) (S201-03)

• Reasonableness of Proposed Ramp
• Ds Claims
• Would impede trailer removal
• Would cause parked cars to stick out into access
  road
• Court Ramp is Reasonable on Preliminary Record
• No evidence of financial harm
• Can be disassembled in 3 hours , so no difficulty
  removing trailer
• Photograph sheds substantial doubt on claim re
  impeding traffic

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Discussion Questions 109-10featuring BARLEY
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Reasonable ModificationsU.S. v. Freer (WDNY
1994) (S201-03)

• DQ109 How Far Can You Go?
• Court Ramp is Reasonable on Preliminary Record
• No evidence of financial harm ? Increases local
  taxes by 40 a year?
• Can be disassembled in 3 hours , so no difficulty
  removing trailer
• Photograph sheds substantial doubt on claim re
  impeding traffic

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Reasonable ModificationsU.S. v. Freer (WDNY
1994) (S201-03)

• DQ109 How Far Can You Go?
• Court Ramp is Reasonable on Preliminary Record
• No evidence of financial harm
• Can be disassembled in 3 hours , so no difficulty
  removing trailer ? 9 hours (What is too long?)
• Photograph sheds substantial doubt on claim re
  impeding traffic

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Reasonable ModificationsU.S. v. Freer (WDNY
1994) (S201-03)

• DQ109 How Far Can You Go?
• Court Ramp is Reasonable on Preliminary Record
• No evidence of financial harm ? Increases local
  taxes by 40 a year?
• Can be disassembled in 3 hours , so no difficulty
  removing trailer
• Photograph sheds substantial doubt on claim re
  impeding traffic ? Most cars passing by must slow
  down to get around

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Reasonable ModificationsRestoration of
Premises 100.203(a)

• Landlords interest protected
• Can condition modification on agreement to
  restore
• Can require put in escrow to cover cost of
  restoring
• Reg Only need to restore if reasonable to do
  so
• Examples clarify No need to restore if wouldnt
  bother future tenants
• E.g., wider doorways, reinforced walls

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Reasonable ModificationsRestoration of
Premises 100.203(a)

• DQ110 Must ramp installed on exterior of
  multi-unit building be removed?
• 203(a) In the case of a rental, the landlord
  may, where it is reasonable to do so, condition
  permission for a modification on the renter
  agreeing to restore the interior of the premises
  to the condition that existed before the
  modification, reasonable wear and tear excepted.
  
• Reasonable to do so here?

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Reasonable ModificationsRestoration of
Premises 100.203(a)

• DQ110 Must ramp installed on exterior of
  multi-unit building be removed?
• 203(a) In the case of a rental, the landlord
  may, where it is reasonable to do so, condition
  permission for a modification on the renter
  agreeing to restore the interior of the premises
  to the condition that existed before the
  modification, reasonable wear and tear excepted.
  
• Other Arguments?

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CHAPTER 7The Shadow of the Past
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LEARN THEIR NAMES
SPOT
BUTCH
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Laypeople Dont Know Categories

• Leads to Tension Between
• Channeling Function (Telling State What to Do w
  Property Conveyed)
• Grantors Intent
• See White v. Brown

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RECURRING ISSUES

• Grantors Intent v. Dead Hand Control

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RECURRING ISSUES

• Grantors Intent v. Dead Hand Control
• Grantors Intent v. Alienability

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PRESENT POSSESSORY ESTATES

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PRESENT POSSESSORY ESTATES

• Present v. Future
• (Tenant v. Landlord)

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PRESENT POSSESSORY ESTATES

• Present v. Future
• Possessory v. Non-Possessory
• (Tenant v. Trust Beneficiary)

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FEE SIMPLE ABSOLUTE
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FEE SIMPLE ABSOLUTE

• Simple can go on forever (to distinguish from
  Fee Tail)

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FEE SIMPLE ABSOLUTE

• Simple can go on forever (to distinguish from
  Fee Tail)
• Absolute no conditions (to distinguish from
  conditional or defeasible fees, which well
  introduce next week.)

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FEE SIMPLE ABSOLUTE

• Right to possess and use forever
• Right to transfer all present and future rights
  (inheritable/devisable)
• Right to liquidate assets
• Default estate today

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FEE SIMPLE ABSOLUTE
Lloyd grants Redacre to Mimi and her heirs.
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FEE SIMPLE ABSOLUTE
Lloyd grants Redacre to Mimi and her heirs.
WORDS OF PURCHASE WHO GETS THE ESTATE?
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FEE SIMPLE ABSOLUTE
Lloyd grants Redacre to Mimi and her heirs.
WORDS OF PURCHASE WHO GETS THE ESTATE?
WORDS OF LIMITATION WHAT ESTATE DO THEY GET?
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RELEVANT TIME FRAMES

• At Common Law Dates prior to modern
  streamlining of the rules.
• (e.g., 1600-1800)

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RELEVANT TIME FRAMES

• At Common Law Dates prior to modern
  streamlining of the rules. (e.g., 1600-1800)
• Today Dates after modern stream-lining of the
  rules. (e.g., 1950-present)

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RELEVANT TIME FRAMES

• At Common Law Dates prior to modern
  streamlining of the rules. (e.g., 1600-1800)
• Today Dates after modern streamlining of the
  rules. (e.g., 1950-present)
• Precise line between them varies from state to
  state and from issue to issue, so you dont need
  to know where it is.

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FINITE ESTATES
TERM OF YEARS FEE TAIL LIFE ESTATE
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FINITE ESTATES
TERM OF YEARS TO ANN FOR 10 YEARS FEE
TAIL LIFE ESTATE
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TERM OF YEARS

• Finite period specified
• Can alienate, devise, inherit (until term ends)
• Need explicit time language to create (for 99
  years)

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FINITE ESTATES
TERM OF YEARS TO ANN FOR 10 YEARS FEE TAIL
TO CAL THE HEIRS OF HIS BODY LIFE ESTATE

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ISSUE v. HEIRS

• Issue Direct ( Lineal) Descendants
  (Children, Grandchildren, etc.)

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ISSUE v. HEIRS

• Issue Direct Descendants
• Heirs People who inherit your property at the
  time of your death under the relevant Intestacy
  Statute

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ISSUE v. HEIRS

• Issue Direct Descendants
• Heirs People who inherit your property at the
  time of your death under the relevant Intestacy
  Statute
• You cannot have heirs until the moment of death

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FINITE ESTATES
TERM OF YEARS TO ANN FOR 10 YEARS FEE TAIL
TO CAL THE HEIRS OF HIS BODY LIFE ESTATE

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FEE TAIL TRADITIONAL RULES

• Grantee(X) has present future possessory right
  until death
• Only Xs issue can take after X's death
• Only issue of issue who took can take in future
• Equivalent to chain of life estates (thus finite)
• Error in course materials S209 goes to
  grantees line
• Present holders can only alienate life estates

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FEE TAIL TRADITIONAL RULES

• Creation at common law to A heirs of his
  body
• Grant creates no interest in A's issue until A
  dies.
• B/c chain of life estates, won't know who takes
  till A dies
• Can have special fee tails
• To A heirs of his body by W
• To A male heirs of his body

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FEE TAIL TODAY

• Traditional fee tail abolished in every American
  jurisdiction.
• What to do if grantor uses language heirs of
  his/her body?
• Statutes determine different solutions in
  different states.
• Outside scope of course.

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FINITE ESTATES
TERM OF YEARS TO ANN FOR 10 YEARS FEE TAIL
TO CAL THE HEIRS OF HIS BODY LIFE ESTATE TO
BEA FOR LIFE
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FEE SIMPLE ABSOLUTE

• Right to possess and use forever
• Right to transfer all present and future rights
  (inheritable/devisable)
• Right to liquidate assets
• Default estate today

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LIFE ESTATE

• Right to possess and use only for lifetime of
  original grantee

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LIFE ESTATE

• Right to possess and use only for lifetime of
  original grantee
• Right to transfer only rights for lifetime of
  original grantee (not inheritable/ devisable)

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What if a living person transfers a life estate?

• Opal conveys Gemacre to Ruby for life,
  retaining a reversion for herself.
• Ruby then conveys her life estate to Esmeralda.
• What does Esmeralda have?

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What if a living person transfers a life estate?

• Opal conveys Gemacre to Ruby for life,
  retaining a reversion herself.
• Ruby then conveys her life estate to Esmeralda.
• Esmeralda has a life estate pur autre vie (for
  the life of another). The duration of the
  interest is still measured by Rubys life.

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LIFE ESTATE

• Right to possess and use only for lifetime of
  original grantee
• Right to transfer only rights for lifetime of
  original grantee (not inheritable/devisable)
• Right only to present income cant liquidate
  capital (Doctrine of Waste)

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LIFE ESTATE

• Right to possess and use only for lifetime of
  original grantee
• Right to transfer only rights for lifetime of
  original grantee (not inheritable/devisable)
• Right only to present income cant liquidate
  capital
• Default Estate at Common Law

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DEFAULT ESTATE (To Bill.)What does Bill get if
not specified?

• Common Law Default was Life Estate
• Bill gets Life Estate
• Grantor keeps Reversion

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DEFAULT ESTATE (To Bill.)What does Bill get if
not specified?

• Common Law Default was Life Estate
• Bill gets Life Estate Grantor keeps Reversion
• Today Default is Fee Simple
• Bill gets Fee Simple Absolute
• Grantor keeps nothing

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FUTURE INTERESTS THAT FOLLOW FINITE ESTATES

• REVERSION
• REMAINDER

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FUTURE INTERESTS THAT FOLLOW FINITE ESTATES
REVERSION Future interest retained by grantor
when s/he conveys a finite estate without
indicating who will have rights when it expires.
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FUTURE INTERESTS THAT FOLLOW FINITE ESTATES
REVERSION Future interest retained by grantor
when s/he conveys a finite estate without
indicating who will have rights when it expires.
E.g. Ceci conveys Greenacre To Didi for life.
(No other instructions.) Ceci retains a reversion.
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FUTURE INTERESTS THAT FOLLOW FINITE ESTATES
REMAINDER Future interest in a third party that
follows naturally upon the termination of a
finite estate. It is always expressly conveyed
by the grantor.
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FUTURE INTERESTS THAT FOLLOW FINITE ESTATES
REMAINDER Future interest in a third party that
follows naturally upon the termination of a
finite estate. It is always expressly conveyed
by the grantor. E.g. Fifi conveys Tanacre To
Gigi for life, then to J.J. J.J. has a
remainder. Fifi retains nothing.
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QUESTIONS?
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WHITE v. BROWN
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DQ111 White majority states that the free
alienation of property is one of the most
significant incidents of fee ownership. Why is
it significant? 1. Allows land to move to
owner who can make most valuable use of it2.
Means land is relatively liquid asset (can sell
or mortgage for )
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Discussion Questions 112-14featuring CORN
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DQ112The White majority complains that the
words chosen by the testatrix are not specific
enough to clearly state her intent."
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What do you think Jessie Lides intent is?

• I wish Evelyn White to have my home to live in
  and not to be sold. I also leave my personal
  property to Sandra White Perry. My house is not
  to be sold.

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Why does the majority have problems discerning
Jessie Lides intent?
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I wish Evelyn White to have my home to live in
and not to be sold. Possible Characterizations

• Fee Simple
• Life Estate

• Conditional Fee
• So long as not sold
• So long as E lives there
• Conditional Life Estate

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DQ113 WHAT ARE THE MAJORITYS ARGUMENTSTHAT MS.
LIDE INTENDED TO CREATE A FEE SIMPLE?

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MAJORITY ARGUMENTS(FEE SIMPLE)

• Presumption grant conveys whole estate
• No gift over
• Partial intestacy disfavored

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DQ113 WHAT ARE THE DISSENTS ARGUMENTSTHAT MS.
LIDE INTENDED TO CREATE A LIFE ESTATE?

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DISSENT ARGUMENTS(LIFE ESTATE)

• Use all language (presumption) grantor said to
  limit power to sell
• Grant says to live in
• No limits in gift to niece

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• I wish Evelyn White to have my home to live in
  and not to be sold. I also leave my personal
  property to Sandra White Perry. My house is not
  to be sold.
• Whose Arguments Seem Stronger?

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RESULT OF HOLDING OF WHITE v. BROWN

• The Property Can Be Sold!!!

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DQ114What additional facts might add weight to
the majority opinion?To the dissent?
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White v. Brown What Happened?

• E had stroke, moved in w daughter
• Probably wants to sell house b/c rental income
  not much
• Significance of case
• If life estate, most of value goes to
  nieces/nephews
• If fee simple (as court held), E gets money for
  life medical expenses

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White v. Brown Channeling

• Recurring problem with estates/future interests
  laypeople dont know relevant categories.
• Thus, they dont know how to signal to future
  court to show what they wish.
• Important role that lawyers play in helping with
  wills is to channel client desires into language
  that will give legal effect to those wishes.

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QUESTIONS?
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Monday Tuesday

• Waste
• Monday Readings for Chapter 7 up through Problems
  7A-7F (WHEAT)
• Qs on Written Assignments 3 4
• Then back to Anti-Discrimination Law
• Finish Marable
• Review Problem 6G (Oats Rice) (Finish Wed/Thu
  if necessary

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Mid-September Crisis
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Mid-October Crisis
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Mid-October CrisisPOSSIBLE CAVEATS

• Fall Break is New
• New LComm Schedule replaced 1st Open Memo with 2d
  Closed Memo

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Mid-October CrisisThe Upside
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Mid-October CrisisSOME ADVICE

1. Dont Miss Classes

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Mid-October CrisisSOME ADVICE

1. Dont Miss Classes
2. If You Get Behind in Reading, Skip Ahead to
   Current Class Catch Up Later

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Mid-October CrisisSOME ADVICE

1. Dont Miss Classes
2. If You Get Behind in Reading, Skip Ahead to
   Current Class Catch Up Later
3. Eat, Get Sleep Take Short Breaks

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Mid-October CrisisSOME ADVICE

1. Dont Miss Classes
2. If You Get Behind in Reading, Skip Ahead to
   Current Class Catch Up Later
3. Get Sleep Take Short Breaks
4. Plan Catch-Up Work and Outlining for One Course
   Each Weekend

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Mid-October Crisis Like Doing Law School Exam
Questions

• Cant do everything as well as youd like do the
  best you can with time you have
• Be very careful not to waste time
• Identify what work is most important for you and
  spend time accordingly
• Be realistic in your expectations dont get
  upset that you are not superhuman.
• This too shall pass!