Property law |
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Part of the common law series |
Types |
Acquisition |
Estates in land |
Conveyancing |
Future use control |
Nonpossessory interest |
Related topics |
Other common law areas |
Higher category: Law and Common law |
Blackacre, Whiteacre, Greenacre, Brownacre, and variations are the placeholder names used for fictitious estates in land.
The names are used by professors of law in common law jurisdictions, particularly in the area of real property and occasionally in contracts, to discuss the rights of various parties to a piece of land. A typical law school or bar exam question on real property might say:
Adam, owner of a fee simple in Blackacre, conveyed the property "to Bill for life, remainder to Charles, provided that if any person should consume alcohol on the property before the first born son of Charles turns twenty-one, then the property shall go to Dwight in fee simple." Assume that neither Bill, Charles, nor Dwight is an heir of Adam, and that Adam's only heir is his son, Edward. Discuss the ownership interests in Blackacre of Adam, Bill, Charles, Dwight and Edward.
Where more than one estate is needed to demonstrate a point –perhaps relating to a dispute over boundaries, easements or riparian rights –a second estate will usually be called Whiteacre, [1] a third, Greenacre, and a fourth, Brownacre.
Jesse Dukeminier, author of one of the leading series of textbooks on property, traces the use of Blackacre and Whiteacre for this purpose to a 1628 treatise by Sir Edward Coke. Dukeminier suggests that the term might originate with references to colors associated with certain crops ("peas and beans are black, corn and potatoes are white, hay is green"), or with the means by which rents were to be paid, with black rents payable in produce and white rents in silver. [2] A 1790 treatise by Francis Buller similarly uses these placeholder names, stating: "If A. have Black Acre and C. have White Acre, and A. has a way over White Acre to Black Acre, and then purchases White Acre, the way will be extinct; and if A. afterwards enfeoff C. of White Acre without excepting the road, it is gone". [3]
In various law journals and treatises in Louisiana, which uses a unique form of the civil law influenced by but not identical to the Napoleonic Code, authors have used the term "arpent noir" as a placeholder name for the purpose of discussing rights concerning immovables.
One of the more basic theories is that Blackacre and Whiteacre are related to what professors could draw on dark chalkboards in early law-school settings. A simple outline of the property on the "blackboard" being "blackacre" and a chalk-colored-in property being "whiteacre".
Because of its association with legal education, a number of legal publications and events utilize the name. For example, Blackacre was adopted as the name of the literary journal at the University of Texas School of Law. Blackacre is also the name of a journal at the University of Sydney Law School, published annually by the Sydney University Law Society, the name of the open-air courtyard and weekly student social at Vanderbilt Law School, and the name of a William Mitchell College of Law formal.
The Blackacre Nature Preserve and Historic Homestead in Kentucky was so named by the donor of the land, Macauley Smith, who had been a judge on the Kentucky Court of Appeals. [4] In July 2010, a legal humor website wrote an article chronicling the foreclosure sale of Blackacre. [5] A group of law students in Indianapolis founded a brewery named Black Acre Brewing Co. in late 2010 as a homage to their legal schooling. [6] Monica Youn's 2016 book of poetry from Graywolf Press is titled Blackacre, in reference to the legal concept (Youn has a law degree from Yale). [7]
A mortgage is a legal instrument of the common law which is used to create a security interest in real property held by a lender as a security for a debt, usually a mortgage loan. Hypothec is the corresponding term in civil law jurisdictions, albeit with a wider sense, as it also covers non-possessory lien.
This aims to be a complete list of the articles on real estate.
Foreclosure is a legal process in which a lender attempts to recover the balance of a loan from a borrower who has stopped making payments to the lender by forcing the sale of the asset used as the collateral for the loan.
Sir Thomas de Littleton or de LyttletonKBSL(c. 1407–23 August 1481) was an English judge, undersheriff, Lord of Tixall Manor, and legal writer from the Lyttelton family. He was also made a Knight of the Bath by King Edward IV.
In common law, an estate is a living or deceased person's net worth. It is the sum of a person's assets – the legal rights, interests, and entitlements to property of any kind – less all liabilities at a given time. The issue is of special legal significance on a question of bankruptcy and death of the person.
A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant has rights of real property by some form of title from a lessor or landlord. Although a tenant does hold rights to real property, a leasehold estate is typically considered personal property.
Placeholder names are intentionally overly generic and ambiguous terms referring to things, places, or people, the names of which or of whom do not actually exist; are temporarily forgotten, or are unimportant; or in order to avoid stigmatization, or because they are unknowable or unpredictable given the context of their discussion; or to deliberately expunge direct use of the name.
Generally, a quitclaim is a formal renunciation of a legal claim against some other person, or of a right to land. A person who quitclaims renounces or relinquishes a claim to some legal right, or transfers a legal interest in land. Originally a common-law concept dating back to Medieval England, the expression is in modern times mostly restricted to North American law, where it often refers specifically to a transfer of ownership or some other interest in real property.
Blockbusting was a business practice in the United States in which real estate agents and building developers convinced residents in a particular area to sell their property at below-market prices. This was achieved by fearmongering the homeowners, telling them that racial minorities would soon be moving into their neighborhoods. The blockbusters would then sell those same houses at inflated prices to black families seeking upward mobility. Blockbusting became prominent after post-World War II bans on explicitly segregationist real estate practices. By the 1980s it had mostly disappeared in the United States after changes to the law and real estate market.
Jesse Dukeminier was an American legal scholar. He was a professor of law for 40 years at the University of California, Los Angeles, and authored or co-authored a significant number of articles and textbooks in the areas of property law, wills, trusts, and estates. Dukeminier's Trusts and Estates textbook has been described as "widely used and nationally recognized".
In property law of the United Kingdom and the United States and other common law countries, a remainder is a future interest given to a person that is capable of becoming possessory upon the natural end of a prior estate created by the same instrument. Thus, the prior estate must be one that is capable of ending naturally, for example upon the expiration of a term of years or the death of a life tenant. A future interest following a fee simple absolute cannot be a remainder because of the preceding infinite duration.
Cestui que is a shortened version of "cestui a que use le feoffment fuit fait", lit. 'the person for whose use/benefit the feoffment was made'; in modern terms, it corresponds to a beneficiary. It is a Law French phrase of medieval English invention, which appears in the legal phrases cestui que trust, cestui que use, or cestui que vie. In contemporary English the phrase is also commonly pronounced SET-ee-kay or SEST-ee-kay. According to Roebuck, Cestui que use is pronounced SET-ik-ee-YOOSS. Cestui que use and cestui que trust are often interchangeable. In some medieval documents it is seen as cestui a que. In formal legal discourse it is often used to refer to the relative novelty of a trust itself, before that English term became acceptable.
In property law and real estate, a future interest is a legal right to property ownership that does not include the right to present possession or enjoyment of the property. Future interests are created on the formation of a defeasible estate; that is, an estate with a condition or event triggering transfer of possessory ownership. A common example is the landlord-tenant relationship. The landlord may own a house, but has no general right to enter it while it is being rented. The conditions triggering the transfer of possession, first to the tenant then back to the landlord, are usually detailed in a lease.
Real estate investing involves the purchase, management and sale or rental of real estate for profit. Someone who actively or passively invests in real estate is called a real estate entrepreneur or a real estate investor. In contrast, real estate development is building, improving or renovating real estate.
Blackacre State Nature Preserve is a 271-acre (110 ha) nature preserve and historic homestead in Louisville, Kentucky. The preserve features rolling fields, streams, forests, and a homestead dating back to the 18th century. For visitors, the preserve features several farm animals including horses, goats, and cows, hiking trails, and a visitor's center in the 1844-built Presley Tyler home. Since 1981, it has been used by the Jefferson County Public Schools as the site of a continuing environmental education program. About 10,000 students visit the outdoor classroom each year.
A deed of trust refers to a type of legal instrument which is used to create a security interest in real property and real estate. In a deed of trust, a person who wishes to borrow money conveys legal title in real property to a trustee, who holds the property as security for a loan (debt) from the lender to the borrower. The equitable title remains with the borrower. The borrower is referred to as the trustor, while the lender is referred to as the beneficiary.
The Harold Lloyd Estate, also known as Greenacres, is a large mansion and landscaped estate located in the Benedict Canyon section of Beverly Hills, California. Built in the late 1920s by silent film star Harold Lloyd, it remained Lloyd's home until his death in 1971.
Greenacre may refer to:
The shelter rule is a doctrine in the common law of property under which a grantee who has received an interest in property from a bona fide purchaser will also be protected as a bona fide purchaser, even if the grantee would not legally qualify for this status. The grantee is "sheltered" from other claims by the grantor's status as an actual bona fide purchaser.
Real estate is property consisting of land and the buildings on it, along with its natural resources such as growing crops, minerals or water, and wild animals; immovable property of this nature; an interest vested in this (also) an item of real property, buildings or housing in general. In terms of law, real relates to land property and is different from personal property while estate means the "interest" a person has in that land property.