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Blackacre, Whiteacre, Greenacre, Brownacre, 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 and occasionally in contracts, 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: Where more than one estate is needed to demonstrate a pointperhaps relating to a dispute over boundaries, easements or riparian rightsa second estate will usually be called Whiteacre,〔''Black’s Law Dictionary'', “blackacre”〕 a third, Greenacre, and a fourth, Brownacre. ==Origin== 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.〕 A 1790 treatise by Francis Buller similarly uses these placeholder names, stating: "If A. have Black Acre and C. have White Acre, and A. has a way over White Acre to Black Acre, and then purchases White Acre, the way will be extinct; and if A. afterwards enfeoff C. of White Acre without excepting the road, it is gone".〔Francis Buller, ''An Introduction to the Law Relative to Trials at Nisi Prius'' (1790), page 74.〕 An alternate theory is that the term arises from Civil War policy in which plots of plantation land given to recently emancipated African-American Freedmen (freed slaves) during the Reconstruction period under Sherman's "forty acres and a mule" policy. Such plots were colloquially called "Blackacres". Unfortunately, since most of the freed slaves were illiterate, many were cheated out of their land through shady loan contracts with former plantation owners.〔James M. McPherson The Struggle for Equality: Abolitionists and the Negro in the Civil War and Reconstruction. Vol. 72. Princeton University Press, 1967.〕 These disputes, along with questions of the proper contractual entitlement of the slaves to the land in the first place, provided the basis for the development of modern American contract and property law and has come to refer to situations where there exists some contention or ambiguity surrounding the rightful owner or respective rights of the parties.〔Paul Collier. ''On the economic consequences of civil war'' Oxf. Econ. Pap. 1999. ().〕 In various law journals and treatises in Louisiana, which uses a unique form of the civil law influenced by but not identical to the Napoleonic Code, authors have used the term "arpent noir" as a placeholder name for the purpose of discussing rights concerning immovables. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Blackacre」の詳細全文を読む スポンサード リンク
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