ESTATES IN LAND

Question 1

Fee Simple Absolute (2)

Answer 1

1. potentially infinite DURATION

2. MUST be fully ALIENABLE (no direct restraints)

Question 2

Right of 1st refusal (FSA EXCEPTION)

Answer 2

option to buy by 3rd p before it can be sold to anyone else

Question 3

FSA creation

Answer 3

CL: “To A and her heirs”

MAJORITY CHANGE: presumed unless clear intent otherwise

Question 4

Fee Tail

Answer 4

@ CL a device to lock the property into grantee’s family

1. “to A and the heirs of his/her body” OR
2. “to A and his/her bodily heirs”

*this language presumed unless asked to apply CL

Question 5

Life Estate

Answer 5

• created express or implied

- grantees life is measuring life

Question 6

LE pur Autre vie

Answer 6

(life estate measure by the life of another)

“to tarzan for the life of jane”

CL: if tarzan dies but jane is still alive, SEISIN VACANT– ANYBODY TAKES

MAJ: goes to tartans estate, LE continues in place until jane measuring life dies

Question 7

Life Estate (restraint on alienation)

Answer 7

MODERN RULE allows to terminate IF life estate tenant attempts to convey away LE

Question 8

Voluntary Waste

Answer 8

affirmative action beyond right of maintenance that causes harm to premises

(may be liable to holder of FUTURE INTEREST)

Question 9

“Open Mines Doctrine”

Answer 9

depletion of natural resources is wasted UNLESS the consumption constitutes “normal use” of the land

ex. life estate in a coal mine or granite quarry
* sale of havestable crops does not involve waste

Question 10

Permissive Waste
(3 MUSTS to avoid liability)

Answer 10

1. MUST make ordinary repairs
2. MUST pay ALL taxes on prop
3. MUST pay INTEREST on any mortgage indebtedness

Question 11

Ameliorative Waste

Answer 11

alters property substantially but activity increases value of land

(if changed conds have made prop relatively worthless, can alter without incurring liability)

Question 12

Seisin

Answer 12

holder of seisin is taxpayer

Question 13

Future Int retained by GRANTOR (3)

Answer 13

1. reversion
2. possibility of reverter
3. right of entry

Question 14

Future Int retained by GRANTEE (2)

Answer 14

1. remainder

2. executory int

Question 15

Reversion in g’or

Answer 15

whenever the g’or conveys away less than the durational estate g’or had

ex. To A for life

Question 16

Possibility of reverter

Answer 16

whenever G’OR conveys FSD, automatically retains

“so long as”, “while”, “during”

Question 17

Right of Re-entry (or power of termination)

Answer 17

G’or conveys a FEE SIMPLE ON COND SUBSEQUENT with an EXPRESS RESERVATION

“provided however”, “but if”, “on condition that”

Question 18

Reversions (transfer) (3)

Answer 18

• NOT subject to rap
• free transfer on DEATH
• free transfer INTER VIVOS

Question 19

Possibility of Reverter (transfer) (3)

Answer 19

• NOT subject to rap
• free transfer on DEATH
• free transfer INTER VIVOS

Question 20

Right of Entry (3)

Answer 20

-NOT subject to rap
-NO free transfer INTER VIVOS
((CAN BE IN FLORIDA))
-free transfer on DEATH

Question 21

Vested remainder in G’ee

Answer 21

when nothing stands in the way of becoming possessory on the natural expiration of preceding estate

Question 22

Contingent remainder in G’ee

Answer 22

condition that MUST be satisfied before interest becomes POSSESSORY

*if g’ee NOT in existence at time of conveyance, remainder is contingent on that g’ee being born

Question 23

“vested remainder subj to open” (class gifts)

Answer 23

when remainder int conveyed to group of UNNAMED PERSONS whose members are NOT FULLY KNOWN

ex. to the children of A

Question 24

Rule of Convenience

Answer 24

class CLOSES for class gift when ANY class member entitled to a distribution

*this is a rule of construction, apply unless evidence otherwise of g’ors clear intent

Question 25

Executory Interest

Answer 25

cuts short the estate that comes before it

Question 26

“vested remainder subj to an exec int”

AKA

Answer 26

vested remainder subj to total divestment

OR

vested remainder subj to an exec int

“but if, then to”

Question 27

Defeasible Fees

Answer 27

(i) FSD (ii) FS subject to cond subseq (iii) FS subject to exec int

Question 28

Rule Against Perpetuities

Answer 28

No int is valid unless it must vest within 21 years after death of some life in being who was alive when conveyance was made

Always applies to: (i) exec int (ii) continent remainders (iii) vested remainders subj to open

Question 29

RAP validity

Answer 29

determined AT THE TIME CONVEYANCE IS MADE

Question 30

RAP (transfer by will effective..)

Answer 30

at time of TESTATORS DEATH

Question 31

RAP (transfer by deed effective..)

Answer 31

at time deed TAKES EFFECT

Question 32

Uniform Statutory RAP

Answer 32

codifies CL rule and provides for alternative 90 year vesting period (“wait and see” approach)

*FLORIDA LAW has enacted US RAP

Question 33

RAP “Savings Clause”

Answer 33

included to save a grant from violating RAP, making sure vesting MUST occur within time period of rule

“during the lifetime of A or B within 21 years after the death of the survivor of A or B…”

Question 34

RAP “Charity to Charity Exception”

Answer 34

doesn’t violate if BOTH transferees are charities