Sunday, March 24, 2013

Don't Stop Believin' (Possessory Estates)

Hey World.

I'm back...just in time for finals.  This time I want to introduce a couple new additions to Fa La Law...

First, you may have noticed the website is looking a little different.  That is the handiwork of my good friend Tyler Roberts, a fellow 1L classmate of mine at Campbell.  He is way more talented at website design/management than I'll ever be, so when he offered to help me out with Fa La Law I was pretty excited.  He's such a class act.  Everyone should know Tyler.  When he runs for office one day I'm just going to go on the record and say that I'll sing his campaign slogans and be his numero uno fan.  Thanks for being the man, Tyler.

Second, my sister Amber, who plays the piano incredibly well helped me out with this song.  It was way too difficult to do on the guitar...and plus it sounds way better on the piano.  Amber is a pharmacy student at Campbell.  We help each other stay sane.  One day she is going to save the world with her medicinal knowledge.  Everyone should have a pharmacist in their family...if for no other reason than to be aware of all the bizarre diseases and medications that can treat them.  I now know more about salmonela and E.coli (she just informed that E.coli should be italicized since it's a species...see what I mean?) than I ever wanted to.

Without further introduction, this song is about the Possessory Estates in Property.  What better way than to learn it through Journey's "Don't Stop Believin'"?

(Words are at the bottom.)


This is nothing new, but it’s a pain for me and you:
Here’s to hoping Journey will make it less lame
There are 5 PE’s—don’t worry I will cover these
But first remember words of purchase and limit

Words of purchase will identify the grantee
Words of limit describe the nature of estate
When you analyze, there’s 4 things to keep in mind
Language, duration, transfer, and future interest too…

This is not easy, but singing it is helping
We may still be 1L’s but we’re not dead yet
So don’t stop believing—remember it’s just property
We can survive this just ignore the debt

FSA is often where the deed says “O to A and heirs”
It can last forever with no limit
If you give it up: we will infer by will, intestate, or transfer
There’s no future interest but that’s ok

Fee tail—here’s the key: “To A and heirs of his body”
It lasts as long as grantee has a blood relative
It automatically goes to blood line of grantee
In the future it will revert or remain

This is not easy, but singing it is helping
We may still be 1L’s but we’re not dead yet
So don’t stop believing—remember it’s just property
We can survive this just ignore the debt

Life estate you will agree: “To A for life” or “life of B”
If “life of B” it’s called “pur autre vie”
On this you could bet your wife: Transfer only during life
In the future it will revert or remain

Now defeasible estates: There are three, don’t hesitate
FSD, Condition Subsequent, EL
FSD: “so long” “until” “during” while” it’s such a thrill
Possibility to revert in future

This is not easy, but singing it is helping
We may still be 1L’s but we’re not dead yet
So don’t stop believing—remember it’s just property
We can survive this just ignore the debt

Condition Subsequent: look for a comma after A
“But if” “On Condition” “Provided that”
Grantor has the ROE, in EL though to 3rd party
In EL “to A, event, and then to B”

Just a city school; we learn things like black letter rule
Here at Campbell we can go anywhere
Strangers waiting, just for us to represent them
Lawyers, judges here we come!

This is not easy, but singing it is helping
We may still be 1L’s but we’re not dead yet
So don’t stop believing—remember it’s just property
We can survive this just ignore the debt


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