Forms of ownership

Question 1

Williams

Answer 1

daughter had a life estate upon death of testator, defeasible or determinable upon her marriage, and an executory interest in each of the other two daughters’ one-third interest which would vest in her possession if the other life tenant should die or marry while she remained unmarried

Question 2

Klamath

Answer 2

RAP applies to executory interests

Question 3

Johnson

Answer 3

Cannot create new form of inheritance through will

Question 4

Garner

Answer 4

a lease that grants the tenant the right to terminate the agreement at a date of his choice creates a determinable life tenancy

Question 5

Brokaw

Answer 5

entitled to use the building and plot reasonably for his own convenience and profit, not to ownership and dominion; would change the inheritance so it could not be delivered to the remainderman; tenant can only improve is can do so without destroying or materially altering already existing valuable buildings; types of waste

Question 6

Morse

Answer 6

conditions restraining alienation are odious to the law and against public policy

Question 7

Mountain Brow

Answer 7

no formal language necessary to create a fee simple subject to a condition subsequent as long as the intent of the grantor is clear

Question 8

Symphony Space

Answer 8

options to purchase commercial property not exempt from RAP

Question 9

Delfino

Answer 9

courts favor partition in kind; only do partition by sale when physical attributes of the land are such that a partition in kind is inequitable or impracticable; interests of the owners would be better promoted by a partition by sale

Question 10

Gillmor

Answer 10

cotenant may sue for his share of rents and profits from common property if he has been ousted from possession; mere exclusive use of commonly held property by one cotenant is not an ouster; when a cotenant out of possession makes a clear, unequivocal demand to use land that is in the exclusive possession of another cotenant, and that cotenant refuses to accommodate the other tenant’s right to use the land, the tenant out of possession has established a claim for relief
 When a cotenant in sole possession makes repairs or improvements to the common property without the consent of his fellow cotenants, he generally has no right to contribution
• But if acted in good faith or repairs were essential to preserve or protect the common estate, cotenant may be required to provide pro rata share of expenses

Question 11

Harms

Answer 11

mortgage does not defeat cotenancy (under lien theory; under title theory, it does)

Question 12

Tribune

Answer 12

prior in time is superior in right