Reference no: EM133531616
Problem
Answer the following question in essay form using the IRAC format.
Prior to 1985, Alfred owned Blackacre in fee simple absolute. In 1985, Alfred, by written deed, conveyed Blackacre to Betty and Cole "jointly with right of survivorship." The deed provides: "If Blackacre, or any portion of Blackacre, is transferred to a third party, either individually or jointly, by Betty or Cole, Alfred shall have the right to immediately re-enter and repossess Blackacre."
In 1986, without the knowledge of Cole, Betty conveyed her interest in Blackacre to Ford. In 1987, Betty and Ford died in a car accident. Ford did not leave a will and his only living relative at the time of his death was his cousin Monica. In 1988, Cole and Alfred learned that Betty had conveyed her interest in Blackacre to Ford. When Monica approached Cole a day later to discuss her interest in Blackacre, Cole told her that he was the sole owner of Blackacre and she had no interest in Blackacre. Cole posted "No Trespassing" signs on Blackacre. He also paid all of the expenses, insurance, and taxes on Blackacre. Alfred and Monica have never taken any action against Cole's possession of Blackacre. The current year is 2016.
Question A. What right, title, or interest in Blackacre, if any, did Alfred initially convey to Betty, Cole, and himself? Discuss.
Question B. What right, title, or interest in Blackacre, if any, are held by Alfred, Cole, and Monica? Discuss.
Question C. Would Cole be successful in an adverse possession action against Monica? Discuss.
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