Chapter 1: Ownership

Question 1

Which of the following would most likely NOT create a fee simple?
a. “To P”
b. “To P and his heirs”
c. “To P for life”
d. “To P in hopes that she gives the land to F upon her death”

Answer 1

c. “To P for life”

Question 2

What are the 4 ways property can be transferred (i.e. “alienated”)?

Answer 2

Sale
Gift
Devise
Intestate Succession

Question 3

An “heir” at law is a person who survives the decedent and takes by _____________ ___________.

Answer 3

intestate succession

Question 4

If you have a fee simple, is there a future interest? Why or why not?

Answer 4

No, because the fee simple possessory estate is capable of lasting forever

Question 5

What type of estate is the default (say, if it’s ambiguous what the grantor intended)?

Answer 5

A fee simple absolute; there is a presumption that the grantor conveys the most of what she has.

Question 6

Oliver conveys Blackacre “to Anna, my hope and wish being that on her death, Anna will give the property to her son, Ben.”

a. What interest does Anna have?
b. What interest does Ben have?

Answer 6

a. fee simple
b. nothing; precatory words such as “my hope and wish” are not enough to show actual intent.