Estates in Land Transactions Flashcards
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.
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
O conveys Blackacre to A and his heirs, but if A shall die without issue living at her death, to the heirs of B.
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
O conveys Blackacre to A and his heirs.
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
O conveys Blackacre to Greenpeace, its successors and assigns, so long as the premises shall be used for environmental purposes.
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
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.
Interests:
- A has feesimple subject to condition subsequent
- O has a power of termination and a right of entry
Dif b/w FSD and FSSCS
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
O conveys Blackacre to A for life.
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.
O conveys Blackacre to A for life. A transfers all A’s interests to B.
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.
Reversions v. Remainders
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.
Vested Remainder
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
Contingent Remainder
- it is granted to an unborn or nonidentifiable person
OR - it is subject to some condition preceedent other than the natural expiration of the prior possessory estate
O conveys Blackacre to A for life and in the event of A’s death to B and her heirs.
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
O conveys Blackacre to A for life then to B and her heirs
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
O conveys Blackacre to A for life then to B for five years.
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
O conveys Blackacre to A for life, then to B and the heirs of her body.
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
O conveys Blackacre to A for life, then to the heirs of B. B is alive.
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.
O conveys Blackacre to A for life, then to A’s children and their heirs. A has one child, B.
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
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.
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
O conveys Blackacre to A for life, remainder to such of A’s issue as survive him.
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.
O conveys Blackacre to A for life, then to A’s children who shall reach 21. A’s oldest child, B is 17.
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.
After the Statute of Uses, O conveys Blackacre to A and his heirs when A marries.
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
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,
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
O conveys Blackacre to A and B as joint tenants. B dies leaving an heir H.
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
O conveys Blackacre to A, B C and their heirs. A dies leaving an heir H.
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
O conveys Blackacre to A and B as joint tenants. A transfers A’s interests to C.
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
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.
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
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.
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
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?
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.
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?
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.
