Chap 48 Real Property

Question 1

freehold estates

Answer 1

exist for some indeterminate period of time, which could be forever

Question 2

types of freehold estates

Answer 2

fee estates
life estates
future interests consist of reversions and remainders

Question 3

fee estates types

Answer 3

fee simple absolute

fee simple defeasible, base, qualified or conditional fee

Question 4

fee simple absolute

Answer 4

no strings attached
can transfer by sale, will, descent, distribution or gift

created as: G–“To A in fee simple absolute” or G–“To A forever”

Question 5

fee simple defeasible, base, qualified or conditional fee

Answer 5

ownership may be lost by occurrence of the condition placed on ownership

in these cases, if the condition is violated, the property will revert back to the grantor or grantors heirs. the grantor or his heirs thus possesses a possibility of reverter

Question 6

possibility of reverter

Answer 6

could revert back to grantor

Question 7

in fee simple defeasible

Answer 7

condition is always there unless death ends it

Question 8

types of life estates

Answer 8

conventional

life estates established by law

Question 9

conventional life estate

Answer 9

created by act of grantor

G–“To A for life” upon death of A, the property will revert back to the grantor or the grantors heirs

G–“To A for the life of B” here, B’s life is the measuring life. upon the death of B, As life estate is extinguished and the property will revert back to the grantor or his heirs

Question 10

types of conventional

Answer 10

life estates with vested remainders

life estates with contingent remainders

Question 11

life estates with vested remainders

Answer 11

G–“To A for life, and then to B” upon the death of A, the remainder will vest in B as a fee simple absolute

Question 12

life estates with contingent remainders

Answer 12

G–“To A for life, and then to B if B marries” a has a life estate and B has a contingent remainder

B will receive the fee simple absolute if he gets married. If B does not get married, the property will revert back to the grantor or his heirs

G–“To A for life, and then to B if B has a child. if B dies without a child, then to C” the life estate in A is extinguished upon A’s death and B and C both have contingent remainders, Bs remainder is contingent on him having a child and Cs remainder is contingent on B dying without having a child

Question 13

life estates established by law

Answer 13

lw put there, not by grantor

2 types: dower and curtesy

Question 14

dower

Answer 14

the value of a life estate in 1/3 of the real property owned by the husband during the marriage

the value of the life estate is computed by using mortality tables based on the wifes age

Question 15

curtesy

Answer 15

the value of a life estate s 1/3 of the real property owned by the wife during the marriage

the husband is only entitled to curtesy is a child was born of the marriage. like dower, the value of the life estate is computed by using mortality tables based on the husbands age

Question 16

is there dower in personal property

Answer 16

no

Question 17

futures interests consist of reversions and remainders

Answer 17

a reversion may or may not occur, depending on whether a condition is violated or whether no grant is provided beyond a life estate or the condition for the grant does not occur

for example in grant “To A provided the property is used only for park purposes” the grantor or his heirs may have the property revert back to them if the property is ever used for a non park purpose. thus, the grantor or his heirs have a possibility of reverter.

in a grant “To A for life” the grantor or his heirs have a reversion. they will receive back the property, the only question is when

in a grant to “A for life and then to B” B has a vested remainder. although B has a present interest, his use of the property is postponed to a future date. in a grant “to A for life and then to B if B is married” B has a contingent remainder and the grantor or the grantors heirs have a possibility of reverter

Question 18

non free hold estates

Answer 18

leasehold estates

Question 19

non free hold estates

Answer 19

leasehold estates

Question 20

concurrent ownership

Answer 20

the two major types of concurrent ownership are tenancy in common and joint tenancy. upon the death of a tenant in common, his ownership interest passes to his heirs. upon the death of a joint tenant, his ownership passes to the remaining joint tenants.

Question 21

ohio law requires

Answer 21

the term survivorship to be present to create joint tenancy

thus, the language must indicate “with right of survivorship” or “for their joint lives, remainder to the survivor of them”

Question 22

in the absence of survivorship language, Ohio

Answer 22

will construe the tenancy as a tenancy in common and not a joint tenancy

some sates require that to create a joint tenancy language such as “joint tenants and not as tenants in common” must be present

most states merely require that the tenancy be specified as joint tenancy

Question 23

4 unities for a joint tenancy

Answer 23

1. time - the interests of the joint tenants must occur at the same point of time
2. title - the interests of the joint tenants must be created for the same instrument
3. interest - the interests of the joint tenants must be equal
4. possession - each of the joint tenants must have the equal rights to possession of the property

Question 24

for a tenancy in common

Answer 24

there need only be the unity of possession

Question 25

tenancy by entireties

Answer 25

this tenancy has the same survivorship element as a joint tenancy

it also requires the previously mentioned unities plus one other element i.e. for a tenancy by the entireties to exist, the tenants must be married to each other

Question 26

easements

Answer 26

an easement is a nonpossessory interest in land, i.e. a right to use land owner by another

easements are either appurtenant (run with the land) or in gross (i.e. a personal right similar to a mere license)

Question 27

easements may be created by

Answer 27

express grant
express reservation
implied grant
implied reservation
necessity
prescription
dedication

Question 28

express grant

Answer 28

eg a grantor owns parcels A and B. he sells parcel B to the grantee and grants the grantee who now owns parcel B a right of ingress and egress over parcel A to access a roadway which is adjacent to parcel A. parcel B is the dominant parcel and parcel A is the servient parcel as A serves B

Question 29

express reservation

Answer 29

eg a grantor owns parcels A and B. he sells parcel A to the grantee and reserves to himself, the grantor (who now owns only parcel B) a right of ingress and egress over parcel A to access a roadway that is adjacent to parcel !

Question 30

implied grant

Answer 30

eg a grantor owns parcels A and B. there is a one car width driveway which is situated half on A and half on B and gives access to the parcels. the grantor sells parcel B to the grantee. the law would state that the grantor impliedly grants to the grantee and easement over the half of the driveway which is situated on A

Question 31

implied reservation

Answer 31

eg a grantor owns parcels A and B. there is a one car width driveway which is situated half on A and half on B and gives access to the parcels. the grantor sells parcel B to the grantee. the law would state that the grantor impliedly reserves to himself, i.e. the grantor, an easement over the half of the driveway which is situated on the grantors parcel A

Question 32

necessity

Answer 32

eg a grantor owns parcels A and B. a roadway abuts parcel A. the grantor sells parcel B to the grantee. Parcel B is bordered to the North by parcel C; to the east by parcelD and to the south by parcel E. the grantee who now owns parcel B is landlocked. the law will thus grant an easement by necessity to the owner of parcel B, over parcel A which is owned by the grantor. the law will not, however, grant an easement to the owner of parcel B over parcels C, D, or E because the owners of those parcels did not cause the owner of parcel B to be landlocked

Question 33

prescription

Answer 33

the owner of parcel B drives his car over his neighbors parcel. this occurs for a period of 20 years (21 in Ohio). this is also done in an open, notorious and hostile manner. after 20 years, the owner of parcel B will have acquired an easement by prescription over parcel A

also tacking may occur, this means that even though the owners of the parcel may change hands, new owners of parcel b can add the previous owners time to their own when determining if the statutory period has been met

Question 34

dedication

Answer 34

when a developer subdivides land into parcels and puts in roadways and sidewalks, the developer will grant i.e. dedicate those roads and sidewalks to the public
thus the public will have an easement by dedication to use suck for their normal purposes