Estates in Land

Question 1

How to create a fee simple absolute in N.C.?

Answer 1

Presumption there is is a fee simple conveyance

Fee simple will be created if: to heirs

Question 2

A fee simple determinable magic words

3

Answer 2

• until
• so long as
• while

Question 3

In N.C. where a deed uses durational language but does not include language regarding the possibility of reverter in a grantor:

What is the effect?

Answer 3

• then it does not automatically revert back to the grantor
• fee simple of determinable does not automatically have a possibility of reverter
• Spot the issue that it may not be a fee simple determinable and actually a fee simple absolute

Question 4

Key difference between Fee Simple Subject to Condition Subsequent and fee simple determinable

Answer 4

Determinable terminates automatically

Fee simple subject to condition needs an affirmative act to take possession –> must take an affirmative action to re-enter

Question 5

What is the duty of the holder of a life estate?

Answer 5

To not commit waste

Question 6

Rights in a life estate?

Answer 6

Present possession for life

Question 7

Can a life estate be sold?

Answer 7

Yes, could reassemble fee simple or convey to someone else

Not divisible or inheritable

Question 8

Fee Tails in N.C., what happens if someone tries to create a fee tail?

Answer 8

abolished the fee tail estate

cannot have “to A and heirs of A’s body” –> if a fee tail is attempted, then it becomes a fee simple

Question 9

The rule in shelley’s case? N.C. Application

Answer 9

Situation: Grant from O to A for Life then to A’s heirs

Rule: A gets a fee simple absolute

Abolished now, do not change

Question 10

The Doctrine of Worthier Title? N.C. Application

Answer 10

Situation: Grant to O to A for Life then to O’s Heirs

Rule: O to A for life

Abolished now, do not change

Question 11

N.C. Rule of Perpetuities application

Answer 11

Uniform Statutory Rule of Perpetuities

An interest is good if it satisfies the common law test or wait and see if the interest will vest in 90 years

Question 12

What kind of interests apply to N.C. Perpetutities

Answer 12

1. contingent remainders
2. executory remainders
3. class gifts

Question 13

Statutory time limits on duration on

1. Possibility of Reverter
2. Power of termination

Answer 13

60 year gross period limitation

Question 14

What is a concurrent estate?

Answer 14

This is just a fee simple owned by two or more persons concurrently.

Question 15

Tenancy in common rights

4

Answer 15

Default

1. go anywhere on the land without being a trespasser
2. alienable, devisable, and inheritable
3. Each own an interest in the whole land at the same time
4. Right to request judicial partition

Question 16

Joint Tenancy Rule in N.C.

Answer 16

There is no right of survivorship unless explicitly stated

“Joint Tenancy with Right of Survivorship”

Question 17

How to terminate the right of the survivorship?

Answer 17

If they transfer their property during life

Question 18

Tenancy by Entirety in N.C. Applies only to? When?

3

Answer 18

1. land (any land held) (≠personal property)
2. persons who are married to one another
3. Default when husband and wife take title together (unless something to contrary appears)

Question 19

Tenancy by Entirety in N.C. Rights

3

Answer 19

1. neither can unilaterally sell the property interest
2. Right of survivorship without having to write in
3. Creditor Protection: creditors of either solely husband or wife cannot go after the property (creditors of both could)

Law treats husband and wife as one person, cannot act unilaterally

Question 20

If state exercises eminent domain, and converts tenancy by the entirety into money by a forced sale; what is the effect?

Answer 20

The money can be held as a tenancy by entirety

-husband and wife must ask as a unit and make a mutual decision about what to do.

Question 21

What is estoppel by deed?

Answer 21

When a grantor was once conveyed ineffectively; however, later they acquire title to it and it automatically passes to grantee

Question 22

Transfers from husband to wife or vice versa creates?

Answer 22

tenancy be the entirety

Question 23

When will personal property be subject to tenants by the entirety?

Answer 23

When it is a mobile home.