Wednesday, February 6, 2008
To my pleasure, the Missouri Law Review's festschrift volume for Dale Whitman (volume 72, fall 2007) appeared in my mailbox this morning. Lots of great articles--though I suspect my favorite will be Dale Whitman's "teaching property--a conceptual approach," which lists ten key concepts:
10. a joint tenancy might be severed by a conveyance by one of the joint tenants, even if the other joint was unaware of the action and did not consent to it.
9. adverse possession is not a transfer of title from the former true owner, but rather creates a new original title in the adverse possessor.
8. a future interest is "future" only in the sense that possession under it is deferred until some later time.
7. restraints on alienation, unlike restraints on use, are widely disfavored and often held unenforceable.
6. deeds, once delivered, are not ambulatory.
5. a deed will transfer whatever interest the grantor holds, even if it is a lesser interest than the deed describes, unelss the deed contains language that is inconsistent with a more limited transfer.
4. recording is not necessary to the effectiveness of a conveyance as between the parties.
3. possession is often treated as teh equivalent of ownership except as against someone with better title.
2. servitudes run to successors, on both the benefit and burden sides.
1. rights in land can be created in a profusion of ways in our legal system.
Lots of wisdom from one of the masters.