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Estates in Land Transactions Flashcards

1
Q

O conveys Blackacre to A for ten years, remainder to B for life, remainder to the Church of the Seven Rays its successors and assigns, so long as the premises shall be used for church
purposes.

A

Words of Purchase:

  • To A
  • To B
  • To the Church of the 7 rays

Words of Lim:

  • For ten years
  • Remainder…for life
  • Remainder…its successors and assigns so long as the premises shall be used for Church purposes
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2
Q

O conveys Blackacre to A and his heirs, but if A shall die without issue living at her death, to the heirs of B.

A

Words of Purchase:

  • To A
  • To the heirs of B

Words of Lim:

  • And his heirs
  • But if A shall die w/o issue living at her death
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3
Q

O conveys Blackacre to A and his heirs.

A

Interests:

  • A has a fee simple absolute
  • O has nothing

Note:
-Presumption: If no other estate in land is clearly indicated, it will be presumed that a Fee simple estate is intended

Other words creating feesimple

  • to A
  • To A forever
  • To A in fee
  • To A in Fee simple
  • To A in fee simple absolute
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4
Q

O conveys Blackacre to Greenpeace, its successors and assigns, so long as the premises shall be used for environmental purposes.

A

Words of Purchase:
- To Greenpeace

Words of Lims:
- Its successors and assigns so long as premises shall be used for environmental purposes

Interests:

  • GP has feesimple determinable which will end when the premises are no longer used for environmental purposes
  • O has possibility of reverter in fee simple absolute
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5
Q

O conveys Blackacre to A and his heirs, but if the premises shall be used for the sale of drugs then O may re-enter and repossess the premises.

A

Interests:

  • A has feesimple subject to condition subsequent
  • O has a power of termination and a right of entry
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6
Q

Dif b/w FSD and FSSCS

A

FSD

  • So long as
  • until
  • Possibility of reverter does not need to be expressed

FSSCS

  • but if
  • on condition that
  • provided that
  • Power of termination and right of entry must be expressed
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7
Q

O conveys Blackacre to A for life.

A

Words of Purchase:
- To A

Words of Lim:
- For life (of A)

Presumption re life estates:
- If no other measuring life is indicated a life estate is measured by the life of the holder of the life estate

Interests:

  • A has life estate measured by A’s life
  • O has reversion in feesimple absolute.
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8
Q

O conveys Blackacre to A for life. A transfers all A’s interests to B.

A

Words of Purchase:
- To A

Words of Lim:
- For life

Interests:

  • A has nothing, A transferred all A had to B
  • B has a life estate pur autrevie (for the life of A)
  • O has a reversion in fee simple.
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9
Q

Reversions v. Remainders

A

Reversions

  • Go back to O
  • Possibility of reverter
  • Power of termination/right of entry

Remainders

  • Remain away from O
  • vested/contingent
  • Executory interests
    ex: O to A for life then to B in fee simple.
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10
Q

Vested Remainder

A 
If at the time conveyance is made: 
1. it is granted to a living 
(born) and identifiable person 
AND
2. It is not subject to any condition preceedent to its enjoyment other than the natural expiration of the prior possessory estate
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11
Q

Contingent Remainder

A
  1. it is granted to an unborn or nonidentifiable person
    OR
  2. it is subject to some condition preceedent other than the natural expiration of the prior possessory estate
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12
Q

O conveys Blackacre to A for life and in the event of A’s death to B and her heirs.

A

Words of Purchase:

  • to A
  • To B

Words of Lim:

  • for life and in the event of A’s death
  • and her heirs

Interests:

  • A has life estate measured by A’s life
  • B has vested remainder in fee simple
  • O has nothing
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13
Q

O conveys Blackacre to A for life then to B and her heirs

A

Words of Purchase:

  • to A
  • To B

Words of Lim:

  • for life
  • then
  • and her heirs

Interests:

  • A has life estate measured by A’s life
  • B has vested remainder in fee simple
  • O has nothing
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14
Q

O conveys Blackacre to A for life then to B for five years.

A

Words of purchase:

  • to A
  • to B

Words of Lim:

  • for life
  • then
  • for five years

Interests

  • A has present possessory interest in life estate measured by A’s life
  • B has a vested remainder in a tenancy for a term of years
  • O has a reversion in fee simple
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15
Q

O conveys Blackacre to A for life, then to B and the heirs of her body.

A

Words of Purchase:

  • to A
  • to B

Words of Lim:

  • for life
  • then
  • and the heirs of her body

Interests

  • A has a present possessory life estate measured by A’s life
  • B has a vested remainder in feesimple
  • O has nothing
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16
Q

O conveys Blackacre to A for life, then to the heirs of B. B is alive.

A

Words of Purchase:

  • to A
  • to heirs of B

Words of Lim:

  • for life
  • then

Interests:
- A has present possessory interest measured by A’s life
- the heirs of B have a contingent remainder in FS
- O depends on jurisdiction:
if cont. rem destroyed, O has reversion in FS; if contingent remainder recognized, O has nothing.

17
Q

O conveys Blackacre to A for life, then to A’s children and their heirs. A has one child, B.

A

Words of Purchase:

  • to A
  • to A’s children
  • to B

Words of Lim:

  • for life
  • and their heirs

Interests:

  • A has present possessory life estate measured by A’s life
  • A’s children have a vested remainder in fee simple subject to open *
  • B has vested rem in FS subject to partial divestment if A has more than 1 child
  • O has nothing
18
Q

O conveys Blackacre to A for life, then to A’s children and their heirs. At the time of the conveyance, A is living w two children B and C. Then A has another child D. After that A dies.

A

Words of Purchase:

  • To A
  • to A’s children

Words of Lim:

  • for life
  • and their heirs

Interests:

  • B, C. D each have a 1/3 interest in FS
  • A has nothing
  • O has nothing
19
Q

O conveys Blackacre to A for life, remainder to such of A’s issue as survive him.

A

Words of Purchase:

  • To A
  • to such of A’s issue as survive him

Words of Lim:

  • for life
  • remainder

Interest
- A has present possessory life estate measured by A’s life
- Such of A’s issue as survive him have a contingent remainder in FS
- O has reversion in FS
OR if contingent rem. recognized you can say O has a reversion in FS subject to defeasance.

20
Q

O conveys Blackacre to A for life, then to A’s children who shall reach 21. A’s oldest child, B is 17.

A

Words of Purchase:

  • to A
  • to A’s children who shall reach 21

Words of Lim:
- for life

Interests:
- A has present possessory life estate measured by A’s life
- A’s children who reach 21 have a contingent remainder in fee simple
- O has a reversion in FS
OR
- If contingent remainder is recognized we can say O has a reversion in FS subject to defeasance.

21
Q

After the Statute of Uses, O conveys Blackacre to A and his heirs when A marries.

A

Words of Purchase:
-to A

Words of Lim:
- and his heirs when A marries

Interests:

  • A has a springing executory interest in FS when A marries
  • O has a FS subject to A springing executory interest in A in FS when A marries
22
Q

After the Statute of Uses, O conveys Blackacre to B and her heirs, but if Blackacre is used for non-residential purposes, then to C forever,

A

Words of Purchase:

  • to B
  • to C

Words of Lim:

  • and her heirs
  • But if Blackacre is used for non-residential purposes
  • then
  • forever

Interests:

  • B has a FS subject to a shifting executory interest in C if Blackacre used for nonresidential purposes
  • C has a shifting executory interest in FS IF Blackacre is used for nonresidential purposes
  • O has nothing
23
Q

O conveys Blackacre to A and B as joint tenants. B dies leaving an heir H.

A

Words of Purchase:
- To A and B

Words of Lim
- as joint tenants

Interests:

  • A has a FS absolute
  • H has nothing
  • O has nothing
24
Q

O conveys Blackacre to A, B C and their heirs. A dies leaving an heir H.

A

Words of Purchase:
-to A B C

Words of Lim
-and their heirs

Interests:

  • B, C, H are tenants in common each with an undivided 1/3 interest in Blackacre in FS
  • O has nothing
  • A is dead
25
Q

O conveys Blackacre to A and B as joint tenants. A transfers A’s interests to C.

A

Words of Purchase:
- To A and B

Words of Lim:
- as joint tenants

Interests:

  • B and C are tenants in common w each having 1/2 undivided interest in FS
  • A has nothing
  • O has. nothing
26
Q

O conveys Blackacre to A, B and C as joint tenants. A then conveys her interest to D. Then B dies leaving an heir H.

A

Words of Purchase:
- To A B C

Words of Lim:
- as joint tenants

Interests:

  • D has undivided 1/3 interest in FS as tenant in common w/ C
  • C has undivided 2/3 interest in FS as tenant in common with D
  • O has nothing
  • A has nothing
  • B is dead
  • H has nothing
27
Q

O conveys Blackacre to A and B as tenants by entirety. At the time of conveyance A and B are engaged to be married. 3 months later they marry.

A

Words of Purchase:
- To A and B

Words of Lim:
-As tenants by entirety

Interests:

  • a and B each have an undivided 1/2 interest in FS as tenants in common
  • O has nothing
28
Q

In Hawaii after the Sawada case, Blackacre is held by H and W as tenants by entirety. H and W are married. H gets into debt and a creditor of H, X, sues H to reach Blackacre to satisfy the debt. Will X succeed? Why or why not?

A

The creditor, X will not succeed. In Hawaii, after Sawada, H is in the same position as W was at common law. At common law, the W could not alienate her 1/2 undivided interest in the whole in Blackacre. Since a creditor can only “go after”: property that a debtor spouse could alienate, and since the H is now treated in Hawaii for debtor-creditor purposes the same as the W under common law, H may not unilaterally alienate Blackacre and the creditor of H cannot “go after” Blackacre to satisfy the debt owned by the debtor spouse H.

29
Q

In NY, Blackacre is held by H and W as tenants by entirety and H and W are married. W gets into debt and a creditor of W, X sues to reach blackacre to satisfy the debt of W. Will X succeed? Why or why not?

A

Yes, X will succeed. NY courts put the W in the same position as the H was at common law. Since, at common lw, the H could alienate property held by H and W in a tenancy by the entirety the creditors of W can “go after” W’s interest in Blackacre except for W’s right of survivorship.

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