Exam Number ________
UNIVERSITY OF KENTUCKY
COLLEGE OF LAW
PROPERTY PROFESSOR MOORE
FINAL EXAMINATION FALL 1995
TIME LIMIT: 3 HOURS
INSTRUCTIONS
This examination consists of 28 multiple choice questions, 6
short answer questions, and 1 essay question with 4 parts. The
multiple choice questions are worth 2.25 points each for a total
of 63 points. The short answer questions are worth a total of 27
points and the essay question is worth a total of 90 points. The
number of points allocated to each question indicates how much
time you should spend on it.
The examination is closed book. Casebooks,
class notes, and other materials may not be used and should not
be left near your desk.
Write your answers to the multiple choice questions in pencil
on the computer form provided. Write your answers to the short
answer questions in pen on the lines provided on the examination
and write your answers to the essay question in pen in the blue
books. Only write on the front side of each page of the
bluebook(s). Be sure to put your exam number on this page, the
computer form, and each blue book.
Be sure to budget your time carefully. No further writing will
be allowed once time is called. At the end of the examination,
please number your blue books, e.g., 1 of 2, 2 of 2, and turn in
the exam, the computer form, your blue books, and any scratch
paper you have used. These materials should be collected and
turned in together inside one blue book.
All academic endeavors of the students of the
University of Kentucky College of Law are governed by the Honor
Code. The Honor Code prohibits lying, cheating, stealing, and
interference with academic pursuits. In addition, the Honor Code
places an affirmative duty to report a breach of the Code on all
students. A failure to report is a violation of the Honor Code.
In turning in this exam, I hereby pledge on my honor as a student that I have neither given nor received any unauthorized aid on this exam.
_
PART Ill
QUESTION ONE
(SUGGESTED TIME: 35 MINUTES)
In 1980 Gracie Allen owned Blackacre, a ten-acre parcel of
vacant land in rural Agricultria. Allen lived in Metropolis and
had purchased the land in the hope that she might someday build a
summer cabin there. She had never done so, however, and had only
visited the area twice.
In early 1980, Allen received a telephone call from an old
friend, George Burns, who lived near Blackacre. Burns told Allen
that he had found a large gravel deposit on the western half of
Blackacre, and would like to buy the property from Allen. Allen
refused, stating, "I still hope to use the land one day, but
I don't mind if you go ahead and take gravel for a while."
In the summer of 1980, Burns moved excavating equipment onto
Blackacre and began removing gravel. Allen died intestate in
December 1980, leaving a 8-year old niece, Joannie Cunningham, as
her sole heir. Cunningham lived in Wyoming.
In January of 1981 Burns sought to confirm his understanding
with Allen but of course was unable to reach her. Upon inquiry he
leaned of Allen's death, but was unable to determine the identity
of Blackacre's new owner. That summer, he went ahead with his
gravel removal. In addition, he moved a small tool equipment shed
onto Blackacre, near the gravel deposit, and put "No
Trespassing" signs around the entire perimeter of Blackacre.
The following summer, Burns cleared the entire western half of
Blackacre and built a cottage on the site but did not disturb the
eastern half of Blackacre. Every year, from 1982 through 1987,
Burns spent the summer living in the cottage and removing and
selling gravel from the western half of Blackacre. Each winter,
he boarded up the tool shed and cottage, stored his furniture,
and went to Arizona where he lived on the proceeds he received
from the gravel removal.
In the fall of 1987, Burns was killed in an automobile
accident. His will, properly signed, executed, and probated, left
all of his property to his uncle, Kirk Douglas.
Douglas moved onto Blackacre in November, 1987 and remains
there today. He sold gravel for a couple of years but quit doing
so in 1989. At that time, he planted cherry trees on most of the
property and fenced the entire property.
In December 1995, Joannie Cunningham brought suit to recover
possession of Blackacre from Douglas. Douglas has come to your
firm for advice. The senior partner has asked you to draft a
memorandum discussing the strengths and weaknesses of
Cunningham's claim and evaluating the likelihood of success of
her action.
Assume that a statute in the jurisdiction provides that
"an action to recover title to or possession of real
property shall be brought within 10 years after the cause of
action accrues, but if a person entitled to bring such an action,
at the time of the cause of action accrues is within the age of
minority or of unsound mind, such person, or the person claiming
through him, may, though the period of 10 years has expired,
bring the action within 4 years after the disability is
removed." Further assume that the age of majority in the
jurisdiction is 18.
QUESTION TWO
(SUGGESTED TIME: 45 MINUTES)
On December 31, 1949, Myers O'Melveny executed a warranty deed
conveying Blackacre to Sutherland Asbill and Baker Botts, as
tenants by the entirety, "so long as the land is used for
residential purposes and should they cease to use the land for
such purposes then fMyers O'Melveny) retains the right to reenter
and retake the premises." Six month later, O'Melveny
executed a quitclaim deed conveying any interest he might retain
in Blackacre to Miller Chevalier. Two years later, O'Melveny died
leaving a will devising all of his property to his uncle, Leisure
Donovan.
On January 1,1950, Asbill married Botts. Shortly thereafter,
Asbill and Botts moved into the large Victorian mansion they had
built on Blackacre and spent the next twenty-five years
contentedly raising a family there. Marital bliss, however, ended
abruptly on September 15,1980, Bott's 50th birthday, when Botts
ran off with a stockbroker he'd recently met. Her children grown
and facing years of solitude, Asbill decided to convert the
Victorian mansion into a bed and breakfast. After spending tens
of thousands of dollars having the locks changed, bathrooms
added, and redecorating the bedrooms, Asbill opened a bed and
breakfast in the Victorian mansion on September 15,1981. The
business was a smashing success serving the likes of Bobby
Fisher, Greta Garbo, and Howard Hughes.
On July 4,1995, having just learned of Asbill's use of
Blackacre as a bed and breakfast, Donovan filed suit seeking
possession of Blackacre. Chevalier joined the suit claiming title
to Blackacre. Finally, Botts joined the suit seeking partition of
Blackacre by sale.
Asbill loves the Victorian mansion and does not want to lose
it. Nor does she want to divorce Botis. She has come to your firm
for advice. The senior partner has asked you to draft a
memorandum discussing the issues raised by the action and how a
court is likely to resolve them. The partner does not know where
Blackacre is located. Accordingly, she has asked you to discuss
both majority and minority rules.
QUESTION THREE
(SUGGESTED TIME: 10 MINUTES)
Having partied late into the night of his thirtieth birthday,
Hugh Grant hands Divine Brown the keys to his BMW and says,
"Thanks for a great evening. I want to give you my car and
everything in it." The car contains a VCR, a portable CD
player, and 50 copies of the movie, Nine Months. The following
morning, deeply regretting his impetuosity, Grant demands that
Brown return his car and its contents but she refuses. Who owns
the car and its contents?