Blackacre

Blackacre

Blackacre, Whiteacre, Greenacre, and variations thereof are the placeholder names of fictitious estates in land universally used by professors of law in common law jurisdictions, particularly in the area of real property, to discuss the rights of various parties to a piece of land. A typical law school or Bar exam question on real property might say::"Adam, owner of a fee simple in Blackacre conveyed the property "to Bill for life, remainder to Charles, provided that if any person should consume alcohol on the property before the first born son of Charles turns twenty-one, then the property shall go to Dwight in fee simple." Assume that neither Bill, Charles, or Dwight is an heir of Adam, and that Adam's only heir is his son, Edward. Discuss the ownership interests in Blackacre of Adam, Bill, Charles, Dwight and Edward."Where more than one estate is needed to demonstrate a pointndash perhaps relating to a dispute over boundaries or riparian rightsndash a second estate will usually be called Whiteacre ["Black’s Law Dictionary", “blackacre”] , a third, Greenacre, and a fourth, Brownacre.

Jesse Dukeminier, author of one of the leading series of textbooks on property, traces the use of Blackacre and Whiteacre for this purpose to a 1628 treatise by Sir Edward Coke. Dukeminier suggests that the term might originate with references to colors associated with certain crops ("peas and beans are black, corn and potatoes are white, hay is green"), or with the means by which rents were to be paid, with black rents payable in produce and white rents in silver. [Jesse Dukeminier and James E. Krier. "Property, 5th Ed." Aspen Law and Business, 2002, p. 160n.]

"Blackacre" is also the name adopted by a literary journal at The University of Texas School of Law. The journal is compiled and edited each year by the [http://www.utexas.edu/law/publications/issn/blackacre_info.html Texas Law Writers League] , an organization co-founded by Meera George, Robert Love, and Michael Matthews in 2004.

"Blackacre" is also the name of a journal at the University of Sydney Law School, published annually by the Sydney University Law Society.

The Blackacre State Nature Preserve in Kentucky was so named by the donor of the land, Macauley Smith, who had been a judge on the Kentucky Court of Appeals. [ [http://www.blackacrefoundation.org/history.html Blackacre Foundation website] ]

References


Wikimedia Foundation. 2010.

Игры ⚽ Поможем написать реферат

Look at other dictionaries:

  • blackacre — black·acre / blak ˌā kər/ n: a fictitious piece of real property used in the study of property law Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. blackacre …   Law dictionary

  • Blackacre Conservancy — Blackacre Conservancy, Inc. is a convert|271|acre|km2|sing=on nature preserve and historic homestead in Louisville, Kentucky. The preserve features rolling fields, streams, forests, and a homestead dating back to the 18th century. For visitors,… …   Wikipedia

  • blackacre — /blak ay keuhr/, n. (often cap.) an arbitrary name for a piece of land used for purposes of supposition in legal argument or the like (often distinguished from whiteacre). [1620 30; BLACK + ACRE] * * * …   Universalium

  • Blackacre — noun A placeholder name of a fictitious or hypothetical estate in land commonly used by professors of law in common law jurisdictions, particularly in the area of real property, to discuss the rights of various parties to a piece of land. See… …   Wiktionary

  • Blackacre — The name of a suppositious parcel or tract of land, often used in moot cases or in argument …   Ballentine's law dictionary

  • blackacre — ˈ ̷ ̷ˌ ̷ ̷ ̷ ̷ noun law : a particular piece of land especially in distinction from whiteacre used as an arbitrary name * * * /blak ay keuhr/, n. (often cap.) an arbitrary name for a piece of land used for purposes of supposition in legal… …   Useful english dictionary

  • Future interest — This article is about the legal concept of future interests in property. For the actuarial valuation of future streams of income, see Future interests (actuarial science) …   Wikipedia

  • Cestui que — Wills, trusts and estates …   Wikipedia

  • Defeasible estate — Property law Part of t …   Wikipedia

  • Placeholder name — Placeholder names are words that can refer to objects or people whose names are either temporarily forgotten, irrelevant, or unknown in the context in which they are being discussed. Whatchamacallit (for objects) and Whatshisname or Whatshername… …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”