CA Bar Exam 練習答案: Real Property (Feb 1991)

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問題文

February 1991 Question 4
https://sites.google.com/site/easybarpasser/past-exams/1991

Orin owned Blackacre, a heavily wooded 160-acre parcel of vacant land in State X. Arthur was an out doorsman and friend of Orin, who, with Orin's permission, frequently hiked and camped on Blackacre.Orin decided to give Blackacre to Arthur and had a real estate salesman prepare a deed stating that Blackacre is conveyed to Arthur "from and after Orin's death." Orin signed the deed, showed it to Arthur, and then placed the deed in the metal security box which he locked and handed to Arthur. Orin kept one of two identical keys which he told Arthur were keys to the box. He told Arthur to open the box and record the deed after he, Orin, died. He explained that he did not want the deed recorded while he was alive because certainof his relatives might be disappointed and he did not want to suffer their harassment. He told Arthur to treat Blackacre as his own and to use it as he wished.

Arthur took Orin at his word and erected a vacation cottage in the middle of Blackacre. He and his family occupied the cottage on their frequent visits to Blackacre.

Orin died 12 years after the deed transaction without interfering with Arthur's use of Blackacre, except thatthree years before his death Orin cut and sold all the timber from ten acres on one corner of Blackacre. Arthur was angered by this act but did not protest.

The year before Orin died, a creditor, Charles, obtained and recorded a judgment against Orin.

Immediately upon learning of Orin's death, Arthur attempted to open the box with his key but found that itdid not fit. He then forced the lock and extracted and recorded the deed.

In a validly executed will, Orin devised "all of the real property which I own at my death to my brother Bart."

State X has the following statutes:
"Every conveyance of real estate which is not recorded shall be void as against any subsequent purchaser, mortgagee, or judgment creditor who has acquired an interest for valuable consideration and in good faith without notice."

"An action to recover title to, possession of, or damages for the injury to real property shall be brought within 10 years after the cause thereof accrues."

What are the rights and liabilities of each of the following
1. Arthur? Discuss.
2. Bart? Discuss.
3. Charles? Discuss.

答案