Estates in Land

Question 1

O to A and his heirs creates

Answer 1

FSA

Question 2

a defeasible estate is

Answer 2

an estate that may terminate befor its maximum duration

Question 3

estate that terminates automatically on the happening of a future event

Answer 3

fee simple determinable

Question 4

for so long as
during
while
until 
creats-

Answer 4

fee simple determinable

Question 5

a fee simple determinable is followed by

Answer 5

poss of reverter. May be implied

Question 6

estate that may be cut short if the estate is retaken by the granter or a 3p on the happening of a named future event

Answer 6

estate subject to a condition subsequent

does not automatically shift back to granter

Question 7

provided, however
however if
but if
on condition that
in the event that

Answer 7

estate subject to a condition subsequent

Question 8

estate that is automatically divested in favor of a 3p on the happening of a named event

Answer 8

fee simple subject to an executory interest

Question 9

fee simple subject to an executory interest is followed by

Answer 9

a shifting executory interest

is sbj to RAP

Question 10

life estate where duration is measured by another person’s life

Answer 10

life estate pur autre vie

Question 11

duties of a life tenant

Answer 11

repair; limited to extent of income derived from/ rental value of the land

mortgage- pay to the extent of profits derived from the prop

taxes- to the extent of profits derived from the prop

Question 12

to A for a term of 10 years

Answer 12

leasehold estate

reversion in the LL

Question 13

future interest in the grantor that follows a determinable estate

Answer 13

possibility of reverter

NOT sbj to RAP

Question 14

future interest in the grantor that follows a fee simple or life estate subject to a condition subsequent

Answer 14

right of reentry
must reserve the right in the conveyance
NOT sbj to RAP

Question 15

future interest retained by the grantor when the grantor transfers less than a fee interest to a 3p

Answer 15

reversion

NOT sbj to RAP

Question 16

future interest in a 3p that cuts short the previous estate before it would have naturally terminated

Answer 16

executory interest

IS sbj to RAP

Question 17

interest that cuts short a prior estate created by the same conveyance- interest passes from one grantee to another

Answer 17

shifting EI

Question 18

interest that follows a gap in possession or divests the estate of the transferor - interest passes from a grantor to a grantee

Answer 18

springing EI

Question 19

future interest created in a 3p which is intended to take effect after the natural termination of the preceeding estate

Answer 19

remainder

Question 20

remainder where
-takers are not ascertained or
interest sbj to cond precedent, therefore does not fall automatically on the natural termination of the previous estate

Answer 20

contingent remainder

IS sbj to RAP

Question 21

contingent remainder:

• fails to vest by the prior termination of the prior vested estate
• one party obtains all outstanding present and vested estates in the prop
• holder of present possessory estate surrenders his interest before the contingent remainder vests

Answer 21

destroys the contingent remainder

doctrine of destructability of contingent remainders

Question 22

remainder where takes are ascertained or ascertainable at the time the remainder is created; no conditions precedent to taking

Answer 22

vested remainder

NOT sbj to RAP

Question 23

• remainder that has been made to a class
• has at least 1 mem who is ascertainable and who has satisfied any conditions precedent to vesting
• others may join the class later

Answer 23

vested remainder subject to open

Question 24

to A for life, remainder to the heirs of A

Answer 24

Rule in Shelley’s case

A gets FSA

Question 25

To A for life, remainder to heirs of O

Answer 25

doctrine of worthier title

A gets a life estate; O gets a reversion; O’s heirs get nothing

Question 26

an act that adversely affects a future interest

Answer 26

waste

not allowed

Question 27

life tenant increases the value of the premises by altering it

Answer 27

ameliorative waste
ok if:
market value of remaindermen’s interest is not impaired
and either
-remaindermen permit it
-or substantial and permanent change in neighborhood has deprived the prop of a reasonable current value

Question 28

rule of convenience

Answer 28

class closes when a mem of the class is entitled to distribution (when the gift takes effect)

Question 29

immediate gift to a class coupled with a condition precedent- class closes when

Answer 29

class closes when 1st mem satisfies the condition

Question 30

RAP

Answer 30

interest must vest no later than 21y after a life in being (a life expressly or impliedly mentioned in doc)

Question 31

TIC

Answer 31

each cotenant owns undivided interest in whole prop/ has rt to possess whole prop
presumed form of cotenancy, no special words req

Question 32

JT

Answer 32

each owns an undivided interest in the whole of the prop
ROS 
4 unities
time
title
interest
possession

Question 33

if a JT conveys his interest

Answer 33

TIC created

Question 34

if one JT mortgages his interest

Answer 34

title theory st: legal interest of that cotenant is xfered to mortgagee= severs bc unities have been destroyed

MAJ:
lien th state: mortgagee only receives a lien on the prop. does not sever JT. Foreclosure does sever.

Question 35

T by E

Answer 35

reserved for married couples
both have undivided interest in the whole prop
ROS

Question 36

if one cotenant is wrongfully ousted

Answer 36

the out of possession one has the rt to share in rents and net profits from 3p, less operating expenses

can demand rent from coT