- Blackacre
Blackacre, Whiteacre, Greenacre, and variations thereof are the
placeholder name s of fictitious estates in land universally used by professors oflaw incommon law jurisdictions, particularly in the area ofreal property , to discuss the rights of various parties to a piece of land. A typicallaw school orBar exam question on real property might say::"Adam, owner of afee 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 orriparian rights ndash 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 oftextbook s on property, traces the use of Blackacre and Whiteacre for this purpose to a1628 treatise by SirEdward Coke . Dukeminier suggests that the term might originate with references to colors associated with certain crops ("peas andbeans are black, corn andpotatoes are white,hay is green"), or with the means by which rents were to be paid, with black rents payable inproduce and white rents insilver . [Jesse Dukeminier andJames 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 inKentucky was so named by the donor of the land,Macauley Smith , who had been a judge on theKentucky Court of Appeals . [ [http://www.blackacrefoundation.org/history.html Blackacre Foundation website] ]References
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