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Monday, December 18, 2006

Fee Samples

Here is an excerpt from my Property final at the Awesomeville Legal Acedemy.

Obviously, there will be a number of legal and typographical errors because this is taken from my actual answer from my final exam last week.

Hypo: Ernie Engineer has loaned out a number of NES games and the NES console to his stockbroker friend Larry. Larry took possession of the games 3 years ago. Ernie is feeling some doubt that Larry will ever return his games. In particular, Ernie would like to have his “Techmo Superbowl” and “Qbert” games returned. Larry acknowledges that the games belong to Ernie, but refuses to return them. Craft a threatening letter to Larry and explain to him the possible consequences of his actions.

(Assume Larry has not possessed for the required statutory period)

Answer: Larry, please return my games and console. If you do not return them soon I will be forced to bring an action for Replevin. Failing that, I may also bring an action of Ejectment.

As I am sure you are aware of, I own the chattels in fee simple and refuse to allow you to gain title to my chattels via adverse possession.

On a dark summers night three years ago, I granted you a temporary possessory estate in a term of 2 years. Perhaps you may be confused and believe that I granted you a life estate in the chattels. Even if I did grant you a life estate I maintain that it was granted pur autrie vie and the measuring life was Walter Mathau. Seeing how he passed away a while back, my reversionary interest has been exercised. Therefore your life estate, as you should know, reverts to me in fee simple.

Also, I would like to inform you that your quest for adverse possession is destined to fail. The days I visit your house and played with the chattels interrupted your possession. Therefore, your possession has not been continuous. Also, since I allowed you to borrow them your possession is not really adverse at all.

And don’t even try to contend that they were an inter vivos gift. I never intended to give you the chattels. Oh and by keeping them for so long, I will never convey them to you as an inter vivos gift. And don’t bet on a gift causa mortis either.

As you can see the chattels are mine… Please don’t force me to end your supposed life estate the hard way.

Regards,
Exam # 867

2 Comments:

  • The chattels belong to my issues

    By Anonymous Anonymous, at Mon Dec 18, 09:46:00 AM 2006  

  • This may be the hardest essay I have ever had to grade because it contains so much good information that effectively fails to answer most of the essay questions or pitches them in such a disorganized fashion that your points are virtually lost -- come to see me -- where are all the supplemental readings? D+

    By Anonymous Professor Rocketman, at Tue Dec 19, 11:10:00 PM 2006  

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