Does the restraining condition deal with class limitation (restrict alienation to a class)? – if so, it will be valid if class is expanding; invalid if class is diminishing Uncertainty in Expression or Intent: If court can’t figure out your intention, then the restraint will be invalid If a condition subsequent is too uncertain, court can get rid of condition and gift becomes indefeasible Re Messinger Estate – “while she resides in home” = uncertain condition subsequent – courts struck down condition If a determinable interest is too uncertain, court will consider whole gift invalid because it does not have words of clear limitation If a condition precedent is too uncertain, the whole gift is invalid The person who has the interest has to know what will bring things to an end – it has got to be clear from the beginning Courts have used uncertainty to render racist and religious clauses void – today are willing to interpret situations as being contrary to public policy RULE AGAINST PERPETUITIES – see Kangaroo guide! Get it to help you follow along as Howell works through the sample problems. If you can regurgitate the Kangaroo steps on the exam you will get plenty of marks… don’t lose too much sleep if you feel like an inadequate lump during these classes. Incorporeal Interests – Easements & Profits a Prendre Easements WHAT: intangible rights or obligations in relation to the land but not the land itself – not a right to possession recognized and protected by law as ‘proprietary’ distinguishable from purely contractual relationships with accompanying rights and obligations – BUT, a K between land owners can become attached to the land and affect 3rd parties 2 TYPES: Common Law Statutory Common Law Easements WHAT: right of use over another’s property
Does the restraining condition deal with class limitation (restrict alienation to a class)? – if so, it will be valid if class is expanding; invalid if class is diminishing Uncertainty in Expression or Intent: If court can’t figure out your intention, then the restraint will be invalid If a condition subsequent is too uncertain, court can get rid of condition and gift becomes indefeasible Re Messinger Estate – “while she resides in home” = uncertain condition subsequent – courts struck down condition If a determinable interest is too uncertain, court will consider whole gift invalid because it does not have words of clear limitation If a condition precedent is too uncertain, the whole gift is invalid The person who has the interest has to know what will bring things to an end – it has got to be clear from the beginning Courts have used uncertainty to render racist and religious clauses void – today are willing to interpret situations as being contrary to public policy RULE AGAINST PERPETUITIES – see Kangaroo guide! Get it to help you follow along as Howell works through the sample problems. If you can regurgitate the Kangaroo steps on the exam you will get plenty of marks… don’t lose too much sleep if you feel like an inadequate lump during these classes. Incorporeal Interests – Easements & Profits a Prendre Easements WHAT: intangible rights or obligations in relation to the land but not the land itself – not a right to possession recognized and protected by law as ‘proprietary’ distinguishable from purely contractual relationships with accompanying rights and obligations – BUT, a K between land owners can become attached to the land and affect 3rd parties 2 TYPES: Common Law Statutory Common Law Easements WHAT: right of use over another’s property
346-Campbell_-_LAW_108B_-_Final.docx