Share on Facebook Share on Twitter Email
Answers.com

Blackacre

 
Law Encyclopedia: Blackacre
This entry contains information applicable to United States law only.

A fictitious designation that legal writers use to describe a piece of land.

The term Blackacre is often used in comparison with Whiteacre in order to distinguish one parcel of land from another.

Search unanswered questions...
Enter a question here...
Search: All sources Community Q&A Reference topics
Wikipedia: Blackacre
Top

Blackacre, Whiteacre, Greenacre, and variations are the placeholder names used for fictitious estates in land. The names are 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 point – perhaps relating to a dispute over boundaries or riparian rights – a second estate will usually be called Whiteacre,[1] 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.[2]

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 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 Nature Preserve and Historic Homestead in Kentucky was so named by the donor of the land, Macauley Smith, who had been a judge on the Kentucky Court of Appeals.[3]

"Blackacre" in Louisiana Legal Scholarly Works

In various law journals, treatises, etc. in Louisiana, authors have used the term "arpent noir" as a placeholder name for the purpose of discussing rights concerning immovables.


References

  1. ^ Black’s Law Dictionary, “blackacre”
  2. ^ Jesse Dukeminier and James E. Krier. Property, 5th Ed.  Aspen Law and Business, 2002, p. 160n.
  3. ^ Blackacre Foundation website

 
 
Learn More
Limitation (legal term)
Whiteacre (legal term)
Remainder (legal term)

Post a question - any question - to the WikiAnswers community:

 

Copyrights:

Law Encyclopedia. West's Encyclopedia of American Law. Copyright © 1998 by The Gale Group, Inc. All rights reserved.  Read more
Wikipedia. This article is licensed under the Creative Commons Attribution/Share-Alike License. It uses material from the Wikipedia article "Blackacre" Read more