Estates in Land

Question 1

Fee Simple (chance can lose property)

Answer 1

Same ownership as Fee simple absolute - difference = one of the 3 things can happen (defeasible 3 things): 1. Fee simple determinable; 2.FSCS; 3. FSEL

Question 2

Fee simple absolute (no condition-vague) – no chance to lose – no defeasible

Answer 2

A fee simple absolute is the complete ownership in land for potentially infinite duration. It is alienable, devisable and descendible. – gets handed down
Absolute – no chance / not going anywhere – not defeasible

Question 3

fee simple determinable (automatic) – like a spring and goes right back to O

Answer 3

A Fee simple determinable is a fee simple, meaning complete ownership, except that it sets a condition, which if not met, IMMEDIATELY returns the estate to the grantor.
Uses durational language- “so long as”, “while”, “during”
Grantor retains a future interest in possibility of reverter, which is automatic.
Ex:
O to A, so long as the property is used as a school.
O to A, while the land remains an active wheat farm.

Question 4

fee simple subject to a condition subsequent (has to go to court to get it back) – string where maybe pull back on string but don’t have to

Answer 4

Here, the conveyance grants the property to another but sets a condition, that if the condition occurs returns the property to the grantor.
Instead of using durational language, the conveyance uses a condition as a “cut off” or “divestment” point.
“Unless”, “on the condition that”, “but if”
Grantor retains a right of re-entry, which must be enforced.
Ex: O grants his restaurant to A unless there is alcohol served on the premises. (then there is a right of re-entry in O’s estate.)
Ex: O grants his office building to A on the condition that it is never used for a law school.

Question 5

fee simple subject to an executory limitation (it can go on forever but chance won’t go on forever since defeasible)

Answer 5

This creates a defeasible estate much like a FSCS, but there is no reversionary right in the grantor.
Upon breach of the FSEL, the estate passes to a third party.

Ex: O grants his office building to A, but if it is used as a bank, then the property transfers to B (who has the right of re-entry.)
Ex: O grants his bar to A, unless it is used for “adult entertainment,” and then to B.

Question 6

Fee Tail (don’t use anymore)

Answer 6

A conveyance that limits future conveyances to bloodline heirs. – gets handed down
Ex: O to A and the heirs of his body.
This is effectively extinct creating a conveyance of O to A
Problem: unending, can’t give away or sell it

Question 7

Alienation

Answer 7

The legal right to convey property. (sell, trade, give away…)

Question 8

Possibility of reverter (reversion is grantor and remainder is third party) - (can be created only in the grantor-grantor’s estate)

Answer 8

A possibility of reverter occurs when there is a fee simple determinable that ends with violation of the condition and the estate returns automatically to the grantor.

Question 9

life estate - **highly tested (you can’t give away more than you have)

Answer 9

A life estate passes the possessory interest in land to another for their life, and then leaves a remainder to someone else or creates a reversion. Ex: O to A for life. (Creates a reversion) This would return the land to the grantor (or the grantor’s estate) after A dies. O to A for life, and then to B. (Remainder in B)
This would give the land to B when A dies.
Waste takes three forms in life estates: (tested on)

1. Affirmative Waste
2. Permissive Waste.
3. Ameliorative Waste
   Test taking strategy:
   If you have an essay that involves a Life Tenant, you MUST write on the responsibilities of the life tenant. EVERY. SINGLE. TIME.

Question 10

Affirmative waste

Answer 10

Intentional damage to the land such as cutting down all the trees or knocking down a structure.

Question 11

ameliorative waste

Answer 11

This is a substantial change in the property, even if it increases the value.
Ex: tore out seasonal strawberry patch to build a parking lot leased to Wal-Mart. Made millions.
Justification/Logic against Ameliorative Waste:
The remaindermen are entitled to the property the way the life tenant received it.

Question 12

permissive waste

Answer 12

This is damage to the property that is caused by negligence. Ex: Life tenant failed to repair the roof and damage was caused.

Question 13

Requirements of life tenant

Answer 13

Life tenant must maintain the land, repair the land and structures, pay all taxes due, and pay the interest on any outstanding mortgages or liens. Must not commit waste.

Question 14

life estate pur autrie vie (only in fact pattern)

Answer 14

A life estate for the tenure of the life of another person.
Ex: O to A for the life of B, then after to B’s heirs.
(remainder or reversion) – remainder

Question 15

privity of contract

Answer 15

Privity of contract allows that if an adverse possessor creates a contractual relationship related to the land, that the other party to the contract can tack their time onto the original adverse possessor. Ex: A lease is a contract. (looking for tacking) – fancy way for brought in renter

Question 16

privity of estate

Answer 16

Privity of estate allows that if an adverse possessor shares property with a subsequent party on the land, that tacking can be applied.

Question 17

adverse possession (owns the land)

Answer 17

Allows a party to gain title to land upon which they were originally trespassing by meeting the requirements of: ROACH.

Running of the statute (will be in fact pattern – tell you statute mostly 10 years);
Open and notorious use (trespasser must “act like an owner” when occupying the property, and their actions must be obvious to any observer)
Actual and exclusive possession of the land (Actual means actual possession. The trespasser is actively using the property in the same way the owner would. Ex paying taxes, maintenance, etc. Exclusive – trespasser does not share control of the property, and excludes others from possession, acting as if they were the actual owner, exercising their right to exclude)
Continuous (trespass must be uninterrupted for the entire duration of the running the statute) seasonal exceptions apply;
Hostility (does not mean angry or unkind. It means the occupation of the property infringes on the rights of the true owner)

Question 18

tacking

Answer 18

Tacking is the legal doctrine in adverse possession that allows one adverse possessor to pass his/her time accrued onto a subsequent adverse possessor. This requires privity of estate or privity of contract.

Question 19

Statute of Frauds

Answer 19

The statue of Frauds requires that some contracts must be in writing to be enforced. 1) sale of interest in land 2) sale of goods over $500 3) surety 4) contracts which cannot possibly be performed in a year

Question 20

Acquistion by capture

Answer 20

Mere pursuit is insufficient to establish a title in a wild animal. Killing or capturing is necessary.

Question 21

Acquisition by Gift (elements)

Answer 21

1. Intent – donor must intend to give the irrevocable gift (no strings attached, no reservation for return – no backsies)
2. Delivery – the donor must transfer possession to the donee with the manifested intention (meant to) to make the gift
   -Manual/Actual Delivery: handing over the gift
   - constructive delivery: hands over keys to the car that is not present. Keys to the house (life estate) – construed from what you done (by actions)
   -symbolic delivery: physically transfers an object that represents or symbolizes the gift such as deed to property or pink slip to auto
3. Acceptance – generally, specific rejection is required (acceptance presumed). Gift can be rejected or disclaimed (think inheritance/taxes)

Question 22

Effect of Disability

Answer 22

The time period required to gain title by adverse possession is tolled when the true owner of the real property suffers from infancy, imprisonment or incapacity if that disability was present when the adverse possession began.
(Memorize the three “I”s)
Tolling = dead time./ if under 18, it tolls (pause or never start statutory period)
Extends the length of the statutory period