Thursday, March 13, 2008

Marketable Title Acts

Rather than spend our class time discussing the somewhat complicated facts of H & F Land, lets instead focus on the following hypo:

1/1/1970 Grutz conveys Blackacre in FSA to Lawson (+R)

1/1/1975 Grutz conveys Blackacre in FSA to Duncan (+R)

1/1/2008 Duncan enters into a Land Sales K with Willborn and agrees to tender a marketable title of record in FSA


Who owns Blackacre on 1/1/1975?

Who owns Blackacre on 1/1/2008?

Does Duncan have a marketable title of record to Blackacre for purposes of the land sales contract with Willborn?


1/1/1970 Grutz conveys Blackacre "to A so long as the property is used as a dairy farm." (+R)

1/1/1975 A conveys Blackacre in FSA "to Duncan and his heirs." (+R) Duncan takes possession and farms the land.

1/1/20008 Duncan agrees to convey a marketable title of record in FSA to Willborn.