9: Introduction to Present Possessory Estates, Terminology Flashcards

1
Q

Present Possessory Estates

A

type of property ownership where the holder has the present or current right to possess the real property

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2
Q

“to B and his heirs”

A

PPE, Fee Simple Absolute

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3
Q

the most common form of property ownership

A

PPE, Fee Simple Absolute

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4
Q

absolute ownership of potentially infinite duration

A

PPE, fee simple absolute

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5
Q

Fee simple absolute is freely _____, _____, _____, _____ (TADD)

A

alienable, transferable, devisable (able to be transferred by will), descendible (will pass to heirs through intestacy)

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6
Q

Fee simple absolute has _____ corresponding future interest

A

no

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7
Q

fee simple absolute is a present _____ _____

A

present possessory estate

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8
Q

May be terminated by the occurrence of an event

A

PPE, Defeasible Fees

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9
Q

Defeasible fees are present _____ _____

A

possessory estates

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10
Q

“to B and his heirs, until B gets married”

A

PPE, fee simple determinable

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11
Q

Fee simple determinable is limited by specific _____ language

A

durational

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12
Q

Fee simple determinable terminates _______ upon the happening of a stated condition

A

automatically

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13
Q

FSD

A

Fee simple determinable

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14
Q

FSD, Future Interest: possibility of _______

A

possibility of reverter

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15
Q

FSD, Future Interest, POR: upon the occurrence of the stated ______, the estate automatically reverts back to the ______ (automatic forfeiture)

A

condition, grantor

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16
Q

FSD is _____, _____, _____ (but condition still applies)

A

transferrable, devisable, descendible

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17
Q

FSDPOR

A

fee simple determinable possibility of reverter

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18
Q

Frank Sinatra Didn’t Prefer Olivia Rodrigo

A

fee simple determinable possibility of reverter

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19
Q

“to B and his heirs, but if B gets married, then A can reenter Blackacre”

A

PPE, Fee Simple Subject to Condition Subsequent

20
Q

FSSTCS

A

Fee simple subject to condition subsequent

21
Q

FSSTCS is a present _____ _____

A

possessory interest

22
Q

Fee simple subject to condition subsequent is ______ in ______ by specific ______ language

A

Fee simple subject to condition subsequent is limited in duration by specific conditional language

23
Q

Fee simple subject to condition subsequent is _____ indefinite, but subject to defeasance upon the happening of a ______ event

A

Fee simple subject to condition subsequent is potentially indefinite, but subject to defeasance upon the happening of a specified event

24
Q

FSSTCS, Future Interest, right of _____

A

FSSTCS, Future Interest, right of entry

25
FSSTCS, Future Interest, Right of Entry: held by the _____, termination is not _____, if stated condition occurs, the present fee simple will terminate only if grantor _____ demonstrates _____ to terminate
FSSTCS, Future Interest, Right of Entry: held by the grantor, termination is not automatic, if stated condition occurs, the present fee simple will terminate only if grantor affirmatively demonstrates intent to terminate
26
"to B for as long as the property is used as a hospital, then to C"
PPE, Fee Simple Subject to Executory Limitation
27
FSSTEL
Fee Simple Subject to Executory Limitation
28
Fee simple subject to executory limitation is limited in duration by either ______ OR ______ language, such that it will ______ upon the occurrence of the specified condition, and title will pass to a third party (someone other than the ______)
Fee simple subject to executory limitation is limited in duration by either durational OR conditional language, such that it will terminate upon the occurrence of the specified condition, and title will pass to a third party (someone other than the grantor)
29
FSSTEL, Future Interest: ______ interest (_____ forfeiture to third party)
FSSTEL, Future Interest: executory interest (automatic forfeiture to third party)
30
FSSTEL, Future Interest: ______ ______
executory interest
31
"to B and the heirs of his body"
PPE, Fee Tail
32
Fee Tail is a present ______ ______
present possessory interest
32
Fee Tail is ______ in most states
eliminated
33
Fee Tail _____ the estate to the grantee's _____ _____ _____ by specific words of limitation
Fee Tail limits the estate to the grantee's lineal blood descendants by specific words of limitation
33
Attempted creation of a _____ _____ is usually construed as a fee simple absolute
fee tail
33
"to B for life"
PPE, Life Estate
34
Life Estate is ______ in ______ by a life
Life Estate is limited in duration by a life
35
Life estate is never measured in terms of ______
years
36
Life Estate: upon the end of the measuring life, title reverts to the _____ or a specified _____
grantor or remainderman
37
Life Estate, Future Interest: ______ to grantor or remainderman
reversion
38
Life Estate: a life tenant is ______ to all reasonable uses and profits from the land
entitled
39
Life Estate: the life tenant must not _____ _____
commit waste
40
"to B for the life of C"
PPE, Life estate pur autre vie: life estate for the lifetime of another
41
"to B, in the hope that she will go to law school"
words of hope and desire, NOT binding
42
"to A, as long as she never sells the property"
restrains on alienation are unenforceable UNLESS linked to a reasonable time duration: "to A, as long as she doesn't sell the property in the next 5 years"