Estates & Future Interests Present Possessory Estates Waste Fee Simple Defeasible

Question 1

What are the six elements required for adverse possession?

Answer 1

1. Actual possession
2. Exclusive possession
3. Open and notorious possession
4. Adverse and hostile possession
5. Continuous possession
6. For the statutory period

Question 2

Define actual possession in the context of adverse possession.

Answer 2

The claimant must physically use the land in the same manner a reasonable owner would, given its character, location, and nature.

Question 3

What does exclusive possession mean in adverse possession?

Answer 3

The claimant’s possession cannot be shared with the owner or the public.

Question 4

What is meant by open and notorious possession?

Answer 4

The claimant’s possession must be visible and obvious, such that a reasonable inspection would reveal the adverse claim.

Question 5

True or False: The claimant’s state of mind is always relevant in determining adverse and hostile possession.

Answer 5

False

Question 6

What is the statutory period for adverse possession in California?

Answer 6

5 years

Question 7

What additional requirement must an adverse possessor meet in California?

Answer 7

The adverse possessor must show that they paid taxes on the property for all five years.

Question 8

What is a fee simple defeasible?

Answer 8

A fee simple that can be terminated upon the occurrence of a specified event.

Question 9

List the present possessory estates.

Answer 9

• Fee Simple
• Life Estate
• Leasehold
• Fee Tail

Question 10

List the future interests.

Answer 10

• Possibility of Reverter
• Right of Entry
• Reversion
• Remainder
• Executory Interest

Question 11

What is the term for the transfer of property by a living person?

Answer 11

Conveyance or Grant

Question 12

What is a devise?

Answer 12

The transfer of property at death through a will.

Question 13

What happens in intestacy?

Answer 13

Property is distributed according to jurisdiction’s intestacy rules.

Question 14

What is a life estate?

Answer 14

An interest in property that lasts for the life of a specified person.

Question 15

What is a life estate pur autre vie?

Answer 15

A life estate measured by the lifespan of a person other than the grantee.

Question 16

What is the modern default estate presumed to be in most states?

Answer 16

Fee Simple Absolute

Question 17

What constitutes a restraint on alienation?

Answer 17

Prohibiting the total future transfer of a fee simple; if total, it’s void against public policy.

Question 18

Define a disabling restraint.

Answer 18

A restraint that prevents the transferee from transferring their interest.

Question 19

What is a forfeiture restraint?

Answer 19

A restraint that leads to forfeiture of title if the transferee attempts to transfer their interest.

Question 20

What is a promissory restraint?

Answer 20

A restraint that requires the transferee to promise not to transfer their interest.

Question 21

What is a holographic will?

Answer 21

A will written entirely in the handwriting of the decedent and signed by them.

Question 22

What does the Tennessee statutory rule state regarding ambiguous grants?

Answer 22

Every grant or devise of real estate shall pass all the estate or interest of the grantor unless intent to pass a less estate appears by express terms.

Question 23

What is the typical distribution of property in intestacy if the decedent has no will?

Answer 23

1. ½ to surviving spouse
2. ½ to issue (children, grandchildren)
3. Parents if no issue
4. Siblings if no parents
5. Ancestors and collaterals if no siblings
6. Property escheats to the state if no heirs

Question 24

What is the life estate devised to Catherine Dorothy Wood?

Answer 24

A life estate in marital property and all other real estate.

Question 25

What happens to the property upon the death of Catherine Dorothy Wood?

Answer 25

Bequeathed one-half (50%) to Sheridan George Wood and one-half (50%) to Patricia C. Woodrick.

Question 26

What was the Old Rule for Waste at common law?

Answer 26

Anything that altered the identity of leased premises was waste, regardless of benefit or detriment.

Question 27

What is the New Majority Rule regarding waste?

Answer 27

The inquiry is whether the act of the life tenant would result in diminution of property value.

Question 28

Define Voluntary Waste.

Answer 28

Results from an affirmative act that significantly reduces property value.

Question 29

Define Permissive Waste.

Answer 29

Results from failure to take reasonable care to protect the estate.

Question 30

Define Ameliorative Waste.

Answer 30

Results from an affirmative act that leads to substantial change in property and increases its value.

Question 31

What is a Term of Years?

Answer 31

A leasehold estate created for a specified duration, e.g., 'To B for 10 years.'

Question 32

What is a Fee Tail?

Answer 32

An estate 'to B and the heirs of his body,' passing to lineal descendants upon B's death.

Question 33

What is the Modern Approach to Fee Tail language?

Answer 33

Interpreted to create a fee simple absolute.

Question 34

What is the first present interest created when O conveys 'to B and his heirs forever'?

Answer 34

B has a Fee Simple Absolute.

Question 35

What present interest is created when O devises 'to C for life'?

Answer 35

O retains the present interest; C has a future interest in a Life Estate.

Question 36

What present interest is created when O conveys 'to D for ten years'?

Answer 36

D has a Term of Years.

Question 37

What present interest is created when O devises 'to E and her heirs provided that E marries'?

Answer 37

O retains the present interest; E has a future interest in a Fee Simple (Subject to Condition Subsequent).

Question 38

What present interest is created when O conveys 'to F, my pet cat'?

Answer 38

O retains a Fee Simple.

Question 39

What happens when O conveys 'to B until he dies'?

Answer 39

O probably tried to create a Life Estate, but B probably has a Fee Simple.

Question 40

What present interest is created when O devises 'to C for life, then to X'?

Answer 40

O retains the present interest; C has a future interest in a Life Estate, X has a future interest in a Fee Simple.

Question 41

What present interest is created when O conveys 'to D for 200 years'?

Answer 41

D has a Term of Years.

Question 42

What present interest is created when O devises 'to E for life, then to Z for life'?

Answer 42

O retains the present interest; E has a future interest in a Life Estate, Z has a future interest in a Life Estate.

Question 43

What present interest is created when O conveys 'to F for life' and F conveys her interest to Google, Inc.?

Answer 43

Google has a Life Estate Pur Autre Vie (for the life of F).

Question 44

What present interest is created when O conveys 'to B and the heirs of his body'?

Answer 44

Fee Tail, but interpreted as a Fee Simple Absolute.

Question 45

What present interest is created when O devises 'to C and her children'?

Answer 45

O retains the present interest; C has a future interest in Fee Simple Absolute.

Question 46

What is the defining characteristic of a Fee Simple Determinable?

Answer 46

The grantor has the next estate with durational language.

Question 47

What is a future interest that follows a Fee Simple Determinable?

Answer 47

Possibility of Reverter.

Question 48

What is the defining characteristic of a Fee Simple Subject to a Condition Subsequent?

Answer 48

The grantor has the next estate with conditional language.

Question 49

What is a future interest that follows a Fee Simple Subject to a Condition Subsequent?

Answer 49

Right of Entry.

Question 50

What happens if the grantor fails to declare a forfeiture within a reasonable time after breach?

Answer 50

The power to declare a forfeiture expires.

Question 51

What is a Reversion?

Answer 51

Retained by grantor when conveying a smaller vested estate than owned.

Question 52

What is the timeline for a Life Estate?

Answer 52

Present interest is B’s Life Estate; future interest reverts to O upon B's death.

Question 53

What happens when a fee simple determinable ends?

Answer 53

The limitations period begins to run.

Question 54

What present interest is created when O conveys 'to B and his heirs so long as the land is not used as a nightclub'?

Answer 54

B has FS Determinable; O has Possibility of Reverter.

Question 55

What present interest is created when O devises 'to C and her heirs, but if Boston becomes a state then O’s heirs have the right to re-enter and retake the estate'?

Answer 55

O retains the present interest; C has a future interest in FS Subject to an Executory Limitation; O’s heirs have an Executory Interest in FSA.

Question 56

What present interest is created when O conveys 'to D for life, then to M and her heirs while the well continues to provide water'?

Answer 56

D has LE; M has a Remainder in a FS Determinable; O has a Possibility of Reverter.

Question 57

What present interest is created when O conveys 'to E and her heirs provided that alcohol is never served on the premises'?

Answer 57

E has FS Subject to Condition Subsequent; O has a Right of Entry.

Question 58

What present interest is created when O conveys 'to the First Baptist Church provided that the land is used as a church, then to Google, Inc.'?

Answer 58

Church has FS Subject to Executory Limitation; Google has an Executory Interest in FSA.

Question 59

Fill in the blank: O conveys 'to B and his heirs so long as the land is not used as a nightclub.' B has _______.

Answer 59

FS Determinable.

Question 60

True or False: O has a Right of Entry when conveying 'to E and her heirs provided that alcohol is never served on the premises'.

Answer 60

True.

Question 61

What does FS stand for in the context of property interests?

Answer 61

Fee Simple.

Question 62

What is the significance of a 'Possibility of Reverter'?

Answer 62

It allows the original grantor to regain ownership if the condition is violated.

Question 63

Fill in the blank: O conveys 'to C and her heirs, but if Boston becomes a state then O’s heirs have the right to _______ and retake the estate'.

Answer 63

re-enter.

Question 64

What does 'LE' stand for in the context of property interests?

Answer 64

Life Estate.

Question 65

What is an 'Executory Interest'?

Answer 65

A future interest held by a third party that becomes possessory upon the occurrence of a specified event.