27-50

Question 1

Fee Simple Subject to Executory Limitation(Shifting Executory Interest)

Answer 1

Type of defeasable fee that terminates upon the happening of a specified event and vest in third party.(Shifting Executory Interest)

Question 2

Fee Tail =

Answer 2

Present interest which limits inherence to lineal descendants of grantee.

Question 3

Life Estate

Answer 3

Estate who’s duration measured by life of grantee or another (per autre vie)

Question 4

Doctrine of waste

Answer 4

Duty of present possessor not to do anything that will harm the interest of the person holding a future interest.

Question 5

Voluntary Waste

Answer 5

Type of waste which occurs from intentional act.

Question 6

Permissive waste

Answer 6

Type of waste which occurs when property is allowed to fall into disrepair.

Question 7

Reversion *

Answer 7

Future interest in grantor when after conveying lesser estate than what he has, becomes possessory after natural termination of preceding estate.

Question 8

Vested Interest +

Answer 8

Interst which the owner and event when it becomes possesory are certain, but time is unknown.

Question 9

Remainder *

Answer 9

Future interest expressly created in someone other than grantor /which will become possessory upon natural expiration of prior estate.

Question 10

Vested Remainder Subject to Complete Divestment +(Shifting)

Answer 10

Interest in a existing ascertained person and subject to condition subsequent. (Shifting Executory Interest)

Question 11

Vested Remainder Subject to Partial Divestment or Subject to Open +

Answer 11

Interst where there is one or more ascertained persons and there’s a possible increase to the number of people who can take the property.

Question 12

Contingent Remainder

Answer 12

Remainder held by unasertained person or subject to condition precedent.

Question 13

Executory Interest(Springing Interest)*

Answer 13

Future Interest created in third party /becomes possessory when it divest or cut short prior estate. Springing Interest.

Question 14

Doctrine of Merger

Answer 14

Merging of present and future interest when person obtains successive estate in same land.

Question 15

Rule in Shelly’s Case

Answer 15

If an instrument creates a present possessory interest in a person and a remainder in his heirs, heirs not recognized and present possessor gets both estates.

Question 16

Destructability of Contingent Remainder

Answer 16

Contingent remainder interest is destroyed if it does not vest at or before termination of preceding estate.

Question 17

Restraint on Alienation

Answer 17

Restraints in deeds, wills, or mortgages that keep the grantee from conveying his estate in various ways.

Question 18

Rules Against Perpetuities

Answer 18

An interest is void if there is a possibility that it may vest 21 years after some life in being /at the creation of interest.

Question 19

Concurrent Estate

Answer 19

Estate in land held by two or more persons at the same time, each having a right to possession and enjoyment of land.

Question 20

Joint Tenancy

Answer 20

Concurrent Estate with right of survivorship, and are co-tenants who own an undivided share of property.

Question 21

Tenancy in Common

Answer 21

Concurrent Estate with no rights of survivorship. Each owner has distinct undivided share in property which is freely alienable.

Question 22

Tenancy by the Entireties

Answer 22

Concurrent Estate created between husband and wife with right of survivorship. Consent needed to severe.

Question 23

Partition

Answer 23

Remedy availible to joint tenant or tenants In common to have co-tenancy terminated and divided.

Question 24

Leasehold

Answer 24

Estate in land and is relationship between landlord and tenant.

Question 25

Benefit

Answer 25

Benefit is a non-possesory interest/ and the right to make use of land possessed by another.