Future Intrests Flashcards
Ex: G grants LE to A. G retains reversion, because he (or his heirs) will get the land after A dies.
Reversion - doesnt need to be express in the conveyence
Future Interests retained by GRANTORS
- ReversionReversion (PI = LE)- residual future interest left in grantor.
- Right of reentry (PI = FSSCS)- interest goes back to grantor if condition of the grant is breached AND he exercises the power .
- Possibility of reverter (PI = FSD) - arises in the grantor when he grants a determinable interest (FSD).
Transferibilty of reversion
A reversion is alienable, devisable, and descendible.
Right of reentry
Condition subsequent is when the remainder is created first, and then the condition is usually in the subsequent clause.
Ex: “to E on condition that the property is not used as a commercial establishment, and if the property is used as a commercial establishment, R has the right to reenter and take the property.”
Note: grant must contain an express power of termination.
Transferibily of right of reentry
Power of termination is descendible and devisable but NOT alienable.
When does reentry become possessory?
Property is not automatically forfeited upon breach of the condition. Original grantor must exercise power of termination.
Possibility of reverter (PI = FSD) -
arises in the grantor when he grants a determinable interest (FSD).
When does reverter become possessory?
Grant does not have to explicitly create the interest, because forfeiture occurs automatically when the condition is breached. Grantor does not have to act.
Ex: “To E as long as the property is never used as a commercial establishment.” Reverter or reentry?
Reverte
Transferibily of reverter
Possibility of reverter is alienable, devisable, and descendible.
Future interests by THIRD PARTIES/GRANTEES
A. Remainder- interest in a third party that immediately follows the natural expiration of the preceding interest
B.Executory Interest (RAP!) - Occurs if the interest will ONLY follow the violation of some condition.
Key to remainder
Key is that the first interest ends naturally and is not cut short by some other event, such as violation of a condition subsequent.
3 types of remainders
1 Contingent Remainder (RAP!)
2. Vested Remainder -Vested Remainder- Occurs if the identity is known AND the remainder is not subject to a condition precedent.
Contingent Remainder (RAP!)- Occurs if:
- The identity of the remainderman is unknown OR
- The remainder is subject to a condition precedent (condition that is part of the granting clause creating the remainder or comes in a previous clause).
Indefeasibly vested remainder
If there is NO CONDITION SUBSEQUENT, then —-> Indefeasibly vested remainder.
Ex: “To Jones for life, then to Smith.”
Vested remainder subject to open
If THE CLASS OF GRANTEES COULD EXPAND IN NUMBER, then ----> Vested remainder subject to open (RAP!). Ex: "To Albert for life, then to Albert's siblings"; If Albert's parents are still alive, then the class of siblings could expand.
Class can close in 2 ways
- Class closes naturally when no new class members can be created (i.e., Albert’s parents die); OR
- Class closes due to rule of convenience when the gift can be distributed and there is at least one eligible class member.
Rule of convience
K
Vested remainder subject to complete divestment.
If there is a CONDITION SUBSEQUENT that could divest the remainderman of the entire interest, then —-> Vested remainder subject to complete divestment.
Ex: “To Jones for life and then to Smith, but if Smith uses alcohol, then to Brown.”
“To Jones for life and then to Smith, but if Smith uses alcohol, then to Brown.”
Jones: LE
Smith: vested remainder in fee simple determinable subject to complete divestment
Brown: exec. Intrest in FSA
“To Jones for life, then to Smith if Smith survives Jones, otherwise to Brown”
O: reversion (dea)
Jones:LE
Smith: contingent remainder in FSA
Brown: contigent remainder in FSA
O: “ To Jones for life, the to Jones’ children alive at his death.
Present: jones has no kids
O: reversion inFSA
Jones: LE
Kids: contingent remainder in FSA
Exec intrest
Executory Interest (RAP!) - Occurs if the interest will ONLY follow the violation of some condition. Ex: To Jones, so long as no one uses alcohol on the property, and then to Smith." Here is no natural expiration of the first interest; the violation of a condition is the only way that Smith could get the property.
O grants “to A for life, then to B for life.” Then, will gives property to C.
A: LE
B has a indefeasibly vested remainder.
C has a reversion. C stands in the place of the original grantor (O).
O grants “to A for life, then to B for life if B survives A, otherwise to C.
A : LE
B has a contingent remainder because there is a condition precedent (B must survive A) and because there is another option (if B doesn’t survive A, C gets it).
C has an alternative contingent remainder because C is the other option if B breaches condition precedent.
Remainder: elements
- The interest is created in someone other than the transferor;
- The interest must be capable of becoming possessory immediately upon the natural termination of the prior estate; and
- The interest must follow a life estate, term of years, or fee tail.
Types of Remainders
- Indefeasibly Vested Remainder—
- Cntingent remainder
- Vested Remainder Subject to Complete Defeasance
- Vested Remainder Subject to open
- Vested Remainder Subject to Complete and Partial Defeasance
Indefeasibly Vested Remainder—To find that a person has an indefeasibly vested remainder, the following four conditions must be satisfied:
- The interest is held by a born and ascertainable person;
- The interest is certain to become possessory immediately upon the termination of the preceding estate (i.e., not subject to a condition precedent);
- The interest is indefeasible (i.e., there is no condition subsequent that will divest the remainderman); and
- The interest is indivisible (it cannot be diminished in size).
Contingent Remainder—
If conditions (i) or (ii) fail, the remainder is contingent. NOTE: Condition (ii) can fail in one of two ways: If it fails because the party does not take unless some condition precedent has been met, then the party has a contingent remainder. (E.g., "to A for life, then to A's first child," and A has not yet had any children.) If there is simply a gap in possession, but the party is sure to or may take sometime after the previous estate ends, the party has an executory interest (and not a remainder) (E.g., "O to A for life, then five years later to B" gives B a springing executory interest out of O's reversion; "O to A until B reaches 21, then to B" is a shifting executory interest, divesting A before the natural end of some estate.)
Vested Remainder Subject to Complete Defeasance—
Conditions (i), (ii) and (iv) are satisfied, but condition (iii) fails.
E.g., “To A for life, then to B, but if B does not maintain the property as a farm, then to C.”
Vested Remainder Subject to Partial Defeasance (a/k/a partial divestment, or subject to open)—Conditions (i), (ii), and (iii) are satisfied, but condition (iv) fails.
E.g., “To A for life, then to A’s children.” A has one child.
Conditions (i), (ii), and (iii) are satisfied, but condition (iv) fails.
E.g., “To A for life, then to A’s children.” A has one child.
Vested Remainder Subject to Complete and Partial Defeasance—
Conditions (i) and (ii) are satisfied, but conditions (iii) and (iv) fail.
E.g., “To A for life, then to A’s children, but if any of A’s children go to law school, then B.” A has one child.
“To A for life, then to B.”
Indefeasibly Vested Remainder in B
“To A for life, then to A’s children.” (A has a child, B. B has a vested remainder subject to open.)
Vested Remainder Subject to Open
“To A for life, then to B, but if B dies before A, to C.” (B has a vested remainder subject to divestment by C)
Vested Remainder Subject to Complete Divestment
“To A for life, then to A’s children.” (A has no children at time of grant)
Contingent remainder
“To A for life, then to A’s children who survive A.” (A has a child, B)
Contingent remainder
“To A for life, then to B if B reaches 21.” (B is 17)
Contingent remainder
“To A for life, then to B’s heirs.” (B is alive, heirs only become so at death of B)
Contingent remainder
“To A for life, then to B if B survives A, but if B does not survive A, to C.”
Contingent remainder
Remainders must _____.
Bedome possosory immediately following the termination of the life estate
Shifting executory interest is
Divests an interest of another transferee
I.e. cuts short a prior estate created in the same conveyence
“To A and her heirs, but if B returns from Canada, to B and his heirs”
A has fee simple subject to a shifting executory intrest
B has a shifting exec. Intrest, can be a remainder bc not ready to become possessory @end of As intrest
I
“To A for life, remainder to B and his heirs, but if B predeceases A, to C and his heirs”
C has a shifting executory interest
Springing executory intrest
Springing executory interests go from the grantor to a grantee upon the occurrence of some condition. Another way to put it is that there is a springing executory interest whenever there is an unavoidable gap in ownership of a present possessory estate in the land. If the gap is avoidable, then you don’t call it a springing executory interest.
Otis to Aleisha for life, then to Boland and his heirs, but if Boland has not married by the time of Aleisha’s death, to Carla and her heirs.”
a. Aleisha has a life estate. Boland has a vested remainder subject to total divestment (or subject to an executory limitation or subject to a condition subsequent). Carla has a shifting executory interest in fee simple absolute.
b. Aleisha still has a life estate. Boland has a vested remainder in fee simple absolute. Carla has nothing.
Otis to Asa and her heirs upon her graduation from law school. Assume that Asa is a member of your law school class”:
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Amelia is granted a fee simple subject to an executory limitation and Ballard gets a shifting executory interest in fee simple absolute. [Otis gets nothing.]
Otis to Ava for life, and then to Barbara and her heirs if Barbara survives Ava, but if Barbara does not survive Ava, to Clarice and her heirs”
Ava gets a life estate. Barbara and Clarice get alternative contingent remainders in fee simple absolute and Otis gets a reversion. [Why does Otis have a reversion? We always act as though the life estate could end before the death of the life tenant
Color of title
that you have a written instrument that, in good faith, you think is valid and purports to convey the land at issue in the adverse possession suit. This instrument is, by definition, invalid. If it were valid, then you wouldn’t be an adverse possession. Also, the true owner must have notice of the instrument. Notice can be acquired by: actual notice (like telling the dude the stuff) or constructive (fictional) notice. Color, in this sense, is like “colorable”, meaning “appearing to be valid”.
Rule in Shelley’s Case:
a remainder in a life tenant-grantee’s heirs is deemed to be in a life tenant herself.
- “To B for life, then to B’s heirs.” → B has a fee simple.
- Abolished in most jurisdictions → B’s heirs have a contingent remainder.
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
Doctrine of Worthier Title
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
1. “To B for life, then to my heirs at law.” → B has a life estate; the grantor has a reversion
2. Generally treated as a rule of construction only → grantor’s heirs have a contingent remainder.
“I give to my daughter, Sandra Stewart for life my tract of land in Johnston County, North Carolina and then to Meta Stewart’s children and their heirs.” Meta Stewart is alive and has no children.
Fut ints
Sandra has an indefeasible life estate
Remainders must _____.
Bedome possosory immediately following the termination of the life estate
Shifting executory interest is
Divests an interest of another transferee
I.e. cuts short a prior estate created in the same conveyence
“To A and her heirs, but if B returns from Canada, to B and his heirs”
A has fee simple subject to a shifting executory intrest
B has a shifting exec. Intrest, can be a remainder bc not ready to become possessory @end of As intrest
I
“To A for life, remainder to B and his heirs, but if B predeceases A, to C and his heirs”
C has a shifting executory interest
Springing executory intrest
Springing executory interests go from the grantor to a grantee upon the occurrence of some condition. Another way to put it is that there is a springing executory interest whenever there is an unavoidable gap in ownership of a present possessory estate in the land. If the gap is avoidable, then you don’t call it a springing executory interest.
Otis to Aleisha for life, then to Boland and his heirs, but if Boland has not married by the time of Aleisha’s death, to Carla and her heirs.”
a. Aleisha has a life estate. Boland has a vested remainder subject to total divestment (or subject to an executory limitation or subject to a condition subsequent). Carla has a shifting executory interest in fee simple absolute.
b. Aleisha still has a life estate. Boland has a vested remainder in fee simple absolute. Carla has nothing.
Otis to Asa and her heirs upon her graduation from law school. Assume that Asa is a member of your law school class”:
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Amelia is granted a fee simple subject to an executory limitation and Ballard gets a shifting executory interest in fee simple absolute. [Otis gets nothing.]
Otis to Ava for life, and then to Barbara and her heirs if Barbara survives Ava, but if Barbara does not survive Ava, to Clarice and her heirs”
Ava gets a life estate. Barbara and Clarice get alternative contingent remainders in fee simple absolute and Otis gets a reversion. [Why does Otis have a reversion? We always act as though the life estate could end before the death of the life tenant
Color of title
that you have a written instrument that, in good faith, you think is valid and purports to convey the land at issue in the adverse possession suit. This instrument is, by definition, invalid. If it were valid, then you wouldn’t be an adverse possession. Also, the true owner must have notice of the instrument. Notice can be acquired by: actual notice (like telling the dude the stuff) or constructive (fictional) notice. Color, in this sense, is like “colorable”, meaning “appearing to be valid”.
Rule in Shelley’s Case:
a remainder in a life tenant-grantee’s heirs is deemed to be in a life tenant herself.
- “To B for life, then to B’s heirs.” → B has a fee simple.
- Abolished in most jurisdictions → B’s heirs have a contingent remainder.
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
Doctrine of Worthier Title
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
1. “To B for life, then to my heirs at law.” → B has a life estate; the grantor has a reversion
2. Generally treated as a rule of construction only → grantor’s heirs have a contingent remainder.
O conveys whiteacre “to A for life, then to B and her heirs if B survives A. ID future intests
O- reversion in FS
O conveys “to A for life, them to B and her heirs”
Does O have a reversion
No, vested remainder
A remainder is a future intrest that is capable of becoming possesory at…
The termination of the prior estate
Exectory intrests were made possible by….
The statute of uses
What can exec. Intrests do that remainders cannot
Divest or cut short the preceding intrest
O conveys” to A for life, then to B if B gives A a proper funeral”
Does B have a remainder or an executory interest? If exec, whose interest does he divers
B has an executory intrest. Will divest Os reversion
A remainder is vested if: (2)
(1) it is given to an ascertained person
2) it is not subject to a conditon precedent (other than the natural termination of the estate
A remainder is contingent if: (2)
(1) it is given to an unasceryained person
(2) or it is subject to a condition precedent
Remainder is not ready to become possesory upon the expiration of the preceding estate
A remainder can become indefeasibly vested if
It is cert. to become possesory in the future and cannot be divested
O conveys “to A for life, then to B and her heirs”
bs interest?
B has an indefeasibly vested remainder in fee simple absolute
If B dies during As life, Bs remainder passes to devisees, or heirs(if intestate) or if none, escheats to the stat
A remainder created in a class of persons(such as “to As kids) is vested if(2). And whats it called
(1) one member of the class is ascertained; and
(2) its not subject to a condition precedent
Vested remainder in FS subject to open
O conveys “ to A for life, then to As. Children and their heirs. A has one child B. ID future interests.
Vested remainder in B subject to open. Cannot know his share until A dies.
O conveys “ to A for life, then to As. Children and their heirs. A has no children at the conveyence.ID future interests.
Contingent remainder bc no taker is ascertained.
O conveys “to A for life, then to B’s heirs” B is alive.
The remainder is contingent bc no heir is ascertained until B dies. B only has heirs apparent until B dies.
O conveys “to A for life, then to B and her heirs if B surivives A”
B has a contingent remainder subject to a conditon precedent. B can only take possesion if B survives A
O conveys “to A for life, then to B and her heirs if B surives A, if B doesnt surive A, then to C and her heirs
Alternative contingent remainders in B and C. If one vests, the other cannot.
O conveys “ to A for life, and in the event of As death to B.”
Is Bs remainder vested or contingent?
If B subsequently conveys her intrest back to O, what does O have?
B has a vested remainder in fee simble absolut
O would have a remainder in fee simple, not a reversion.
“I give to my daughter, Sandra Stewart for life my tract of land in Johnston County, North Carolina and then to Meta Stewart’s children and their heirs.” Meta Stewart is alive and has no children.
Fut ints
Sandra has an indefeasible life estate
Remainders must _____.
Bedome possosory immediately following the termination of the life estate
Shifting executory interest is
Divests an interest of another transferee
I.e. cuts short a prior estate created in the same conveyence
“To A and her heirs, but if B returns from Canada, to B and his heirs”
A has fee simple subject to a shifting executory intrest
B has a shifting exec. Intrest, can be a remainder bc not ready to become possessory @end of As intrest
I
“To A for life, remainder to B and his heirs, but if B predeceases A, to C and his heirs”
C has a shifting executory interest
Springing executory intrest
Springing executory interests go from the grantor to a grantee upon the occurrence of some condition. Another way to put it is that there is a springing executory interest whenever there is an unavoidable gap in ownership of a present possessory estate in the land. If the gap is avoidable, then you don’t call it a springing executory interest.
Otis to Aleisha for life, then to Boland and his heirs, but if Boland has not married by the time of Aleisha’s death, to Carla and her heirs.”
a. Aleisha has a life estate. Boland has a vested remainder subject to total divestment (or subject to an executory limitation or subject to a condition subsequent). Carla has a shifting executory interest in fee simple absolute.
b. Aleisha still has a life estate. Boland has a vested remainder in fee simple absolute. Carla has nothing.
Otis to Asa and her heirs upon her graduation from law school. Assume that Asa is a member of your law school class”:
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Amelia is granted a fee simple subject to an executory limitation and Ballard gets a shifting executory interest in fee simple absolute. [Otis gets nothing.]
Otis to Ava for life, and then to Barbara and her heirs if Barbara survives Ava, but if Barbara does not survive Ava, to Clarice and her heirs”
Ava gets a life estate. Barbara and Clarice get alternative contingent remainders in fee simple absolute and Otis gets a reversion. [Why does Otis have a reversion? We always act as though the life estate could end before the death of the life tenant
Color of title
that you have a written instrument that, in good faith, you think is valid and purports to convey the land at issue in the adverse possession suit. This instrument is, by definition, invalid. If it were valid, then you wouldn’t be an adverse possession. Also, the true owner must have notice of the instrument. Notice can be acquired by: actual notice (like telling the dude the stuff) or constructive (fictional) notice. Color, in this sense, is like “colorable”, meaning “appearing to be valid”.
Rule in Shelley’s Case:
a remainder in a life tenant-grantee’s heirs is deemed to be in a life tenant herself.
- “To B for life, then to B’s heirs.” → B has a fee simple.
- Abolished in most jurisdictions → B’s heirs have a contingent remainder.
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
Doctrine of Worthier Title
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
1. “To B for life, then to my heirs at law.” → B has a life estate; the grantor has a reversion
2. Generally treated as a rule of construction only → grantor’s heirs have a contingent remainder.
O conveys whiteacre “to A for life, then to B and her heirs if B survives A. ID future intests
O- reversion in FS
O conveys “to A for life, them to B and her heirs”
Does O have a reversion
No, vested remainder
A remainder is a future intrest that is capable of becoming possesory at…
The termination of the prior estate
Exectory intrests were made possible by….
The statute of uses
What can exec. Intrests do that remainders cannot
Divest or cut short the preceding intrest
O conveys” to A for life, then to B if B gives A a proper funeral”
Does B have a remainder or an executory interest? If exec, whose interest does he divers
B has an executory intrest. Will divest Os reversion
A remainder is vested if: (2)
(1) it is given to an ascertained person
2) it is not subject to a conditon precedent (other than the natural termination of the estate
A remainder is contingent if: (2)
(1) it is given to an unasceryained person
(2) or it is subject to a condition precedent
Remainder is not ready to become possesory upon the expiration of the preceding estate
A remainder can become indefeasibly vested if
It is cert. to become possesory in the future and cannot be divested
O conveys “to A for life, then to B and her heirs”
bs interest?
B has an indefeasibly vested remainder in fee simple absolute
If B dies during As life, Bs remainder passes to devisees, or heirs(if intestate) or if none, escheats to the stat
A remainder created in a class of persons(such as “to As kids) is vested if(2). And whats it called
(1) one member of the class is ascertained; and
(2) its not subject to a condition precedent
Vested remainder in FS subject to open
O conveys “ to A for life, then to As. Children and their heirs. A has one child B. ID future interests.
Vested remainder in B subject to open. Cannot know his share until A dies.
O conveys “ to A for life, then to As. Children and their heirs. A has no children at the conveyence.ID future interests.
Contingent remainder bc no taker is ascertained.
O conveys “to A for life, then to B’s heirs” B is alive.
The remainder is contingent bc no heir is ascertained until B dies. B only has heirs apparent until B dies.
O conveys “to A for life, then to B and her heirs if B surivives A”
B has a contingent remainder subject to a conditon precedent. B can only take possesion if B survives A
O conveys “to A for life, then to B and her heirs if B surives A, if B doesnt surive A, then to C and her heirs
Alternative contingent remainders in B and C. If one vests, the other cannot.
O conveys “ to A for life, and in the event of As death to B.”
Is Bs remainder vested or contingent?
If B subsequently conveys her intrest back to O, what does O have?
B has a vested remainder in fee simble absolut
O would have a remainder in fee simple, not a reversion.
“I give to my daughter, Sandra Stewart for life my tract of land in Johnston County, North Carolina and then to Meta Stewart’s children and their heirs.” Meta Stewart is alive and has no children.
Fut ints
Sandra has an indefeasible life estate
Remainders must _____.
Bedome possosory immediately following the termination of the life estate
Shifting executory interest is
Divests an interest of another transferee
I.e. cuts short a prior estate created in the same conveyence
“To A and her heirs, but if B returns from Canada, to B and his heirs”
A has fee simple subject to a shifting executory intrest
B has a shifting exec. Intrest, can be a remainder bc not ready to become possessory @end of As intrest
I
“To A for life, remainder to B and his heirs, but if B predeceases A, to C and his heirs”
C has a shifting executory interest
Springing executory intrest
Springing executory interests go from the grantor to a grantee upon the occurrence of some condition. Another way to put it is that there is a springing executory interest whenever there is an unavoidable gap in ownership of a present possessory estate in the land. If the gap is avoidable, then you don’t call it a springing executory interest.
Otis to Aleisha for life, then to Boland and his heirs, but if Boland has not married by the time of Aleisha’s death, to Carla and her heirs.”
a. Aleisha has a life estate. Boland has a vested remainder subject to total divestment (or subject to an executory limitation or subject to a condition subsequent). Carla has a shifting executory interest in fee simple absolute.
b. Aleisha still has a life estate. Boland has a vested remainder in fee simple absolute. Carla has nothing.
Otis to Asa and her heirs upon her graduation from law school. Assume that Asa is a member of your law school class”:
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Amelia is granted a fee simple subject to an executory limitation and Ballard gets a shifting executory interest in fee simple absolute. [Otis gets nothing.]
Otis to Ava for life, and then to Barbara and her heirs if Barbara survives Ava, but if Barbara does not survive Ava, to Clarice and her heirs”
Ava gets a life estate. Barbara and Clarice get alternative contingent remainders in fee simple absolute and Otis gets a reversion. [Why does Otis have a reversion? We always act as though the life estate could end before the death of the life tenant
Color of title
that you have a written instrument that, in good faith, you think is valid and purports to convey the land at issue in the adverse possession suit. This instrument is, by definition, invalid. If it were valid, then you wouldn’t be an adverse possession. Also, the true owner must have notice of the instrument. Notice can be acquired by: actual notice (like telling the dude the stuff) or constructive (fictional) notice. Color, in this sense, is like “colorable”, meaning “appearing to be valid”.
Rule in Shelley’s Case:
a remainder in a life tenant-grantee’s heirs is deemed to be in a life tenant herself.
- “To B for life, then to B’s heirs.” → B has a fee simple.
- Abolished in most jurisdictions → B’s heirs have a contingent remainder.
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
Doctrine of Worthier Title
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
1. “To B for life, then to my heirs at law.” → B has a life estate; the grantor has a reversion
2. Generally treated as a rule of construction only → grantor’s heirs have a contingent remainder.
O conveys whiteacre “to A for life, then to B and her heirs if B survives A. ID future intests
O- reversion in FS
O conveys “to A for life, them to B and her heirs”
Does O have a reversion
No, vested remainder
A remainder is a future intrest that is capable of becoming possesory at…
The termination of the prior estate
Exectory intrests were made possible by….
The statute of uses
What can exec. Intrests do that remainders cannot
Divest or cut short the preceding intrest
O conveys” to A for life, then to B if B gives A a proper funeral”
Does B have a remainder or an executory interest? If exec, whose interest does he divers
B has an executory intrest. Will divest Os reversion
A remainder is vested if: (2)
(1) it is given to an ascertained person
2) it is not subject to a conditon precedent (other than the natural termination of the estate
A remainder is contingent if: (2)
(1) it is given to an unasceryained person
(2) or it is subject to a condition precedent
Remainder is not ready to become possesory upon the expiration of the preceding estate
A remainder can become indefeasibly vested if
It is cert. to become possesory in the future and cannot be divested
O conveys “to A for life, then to B and her heirs”
bs interest?
B has an indefeasibly vested remainder in fee simple absolute
If B dies during As life, Bs remainder passes to devisees, or heirs(if intestate) or if none, escheats to the stat
A remainder created in a class of persons(such as “to As kids) is vested if(2). And whats it called
(1) one member of the class is ascertained; and
(2) its not subject to a condition precedent
Vested remainder in FS subject to open
O conveys “ to A for life, then to As. Children and their heirs. A has one child B. ID future interests.
Vested remainder in B subject to open. Cannot know his share until A dies.
O conveys “ to A for life, then to As. Children and their heirs. A has no children at the conveyence.ID future interests.
Contingent remainder bc no taker is ascertained.
O conveys “to A for life, then to B’s heirs” B is alive.
The remainder is contingent bc no heir is ascertained until B dies. B only has heirs apparent until B dies.
O conveys “to A for life, then to B and her heirs if B surivives A”
B has a contingent remainder subject to a conditon precedent. B can only take possesion if B survives A
O conveys “to A for life, then to B and her heirs if B surives A, if B doesnt surive A, then to C and her heirs
Alternative contingent remainders in B and C. If one vests, the other cannot.
O conveys “ to A for life, and in the event of As death to B.”
Is Bs remainder vested or contingent?
If B subsequently conveys her intrest back to O, what does O have?
B has a vested remainder in fee simble absolut
O would have a remainder in fee simple, not a reversion.
“I give to my daughter, Sandra Stewart for life my tract of land in Johnston County, North Carolina and then to Meta Stewart’s children and their heirs.” Meta Stewart is alive and has no children.
Fut ints
Sandra has an indefeasible life estate
Remainders must _____.
Bedome possosory immediately following the termination of the life estate
Shifting executory interest is
Divests an interest of another transferee
I.e. cuts short a prior estate created in the same conveyence
“To A and her heirs, but if B returns from Canada, to B and his heirs”
A has fee simple subject to a shifting executory intrest
B has a shifting exec. Intrest, can be a remainder bc not ready to become possessory @end of As intrest
I
“To A for life, remainder to B and his heirs, but if B predeceases A, to C and his heirs”
C has a shifting executory interest
Springing executory intrest
Springing executory interests go from the grantor to a grantee upon the occurrence of some condition. Another way to put it is that there is a springing executory interest whenever there is an unavoidable gap in ownership of a present possessory estate in the land. If the gap is avoidable, then you don’t call it a springing executory interest.
Otis to Aleisha for life, then to Boland and his heirs, but if Boland has not married by the time of Aleisha’s death, to Carla and her heirs.”
a. Aleisha has a life estate. Boland has a vested remainder subject to total divestment (or subject to an executory limitation or subject to a condition subsequent). Carla has a shifting executory interest in fee simple absolute.
b. Aleisha still has a life estate. Boland has a vested remainder in fee simple absolute. Carla has nothing.
Otis to Asa and her heirs upon her graduation from law school. Assume that Asa is a member of your law school class”:
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Amelia is granted a fee simple subject to an executory limitation and Ballard gets a shifting executory interest in fee simple absolute. [Otis gets nothing.]
Otis to Ava for life, and then to Barbara and her heirs if Barbara survives Ava, but if Barbara does not survive Ava, to Clarice and her heirs”
Ava gets a life estate. Barbara and Clarice get alternative contingent remainders in fee simple absolute and Otis gets a reversion. [Why does Otis have a reversion? We always act as though the life estate could end before the death of the life tenant
Color of title
that you have a written instrument that, in good faith, you think is valid and purports to convey the land at issue in the adverse possession suit. This instrument is, by definition, invalid. If it were valid, then you wouldn’t be an adverse possession. Also, the true owner must have notice of the instrument. Notice can be acquired by: actual notice (like telling the dude the stuff) or constructive (fictional) notice. Color, in this sense, is like “colorable”, meaning “appearing to be valid”.
Rule in Shelley’s Case:
a remainder in a life tenant-grantee’s heirs is deemed to be in a life tenant herself.
- “To B for life, then to B’s heirs.” → B has a fee simple.
- Abolished in most jurisdictions → B’s heirs have a contingent remainder.
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
Doctrine of Worthier Title
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
1. “To B for life, then to my heirs at law.” → B has a life estate; the grantor has a reversion
2. Generally treated as a rule of construction only → grantor’s heirs have a contingent remainder.
O conveys whiteacre “to A for life, then to B and her heirs if B survives A. ID future intests
O- reversion in FS
O conveys “to A for life, them to B and her heirs”
Does O have a reversion
No, vested remainder
A remainder is a future intrest that is capable of becoming possesory at…
The termination of the prior estate
Exectory intrests were made possible by….
The statute of uses
What can exec. Intrests do that remainders cannot
Divest or cut short the preceding intrest
O conveys” to A for life, then to B if B gives A a proper funeral”
Does B have a remainder or an executory interest? If exec, whose interest does he divers
B has an executory intrest. Will divest Os reversion
A remainder is vested if: (2)
(1) it is given to an ascertained person
2) it is not subject to a conditon precedent (other than the natural termination of the estate
A remainder is contingent if: (2)
(1) it is given to an unasceryained person
(2) or it is subject to a condition precedent
Remainder is not ready to become possesory upon the expiration of the preceding estate
A remainder can become indefeasibly vested if
It is cert. to become possesory in the future and cannot be divested
O conveys “to A for life, then to B and her heirs”
bs interest?
B has an indefeasibly vested remainder in fee simple absolute
If B dies during As life, Bs remainder passes to devisees, or heirs(if intestate) or if none, escheats to the stat
A remainder created in a class of persons(such as “to As kids) is vested if(2). And whats it called
(1) one member of the class is ascertained; and
(2) its not subject to a condition precedent
Vested remainder in FS subject to open
O conveys “ to A for life, then to As. Children and their heirs. A has one child B. ID future interests.
Vested remainder in B subject to open. Cannot know his share until A dies.
O conveys “ to A for life, then to As. Children and their heirs. A has no children at the conveyence.ID future interests.
Contingent remainder bc no taker is ascertained.
O conveys “to A for life, then to B’s heirs” B is alive.
The remainder is contingent bc no heir is ascertained until B dies. B only has heirs apparent until B dies.
O conveys “to A for life, then to B and her heirs if B surivives A”
B has a contingent remainder subject to a conditon precedent. B can only take possesion if B survives A
O conveys “to A for life, then to B and her heirs if B surives A, if B doesnt surive A, then to C and her heirs
Alternative contingent remainders in B and C. If one vests, the other cannot.
O conveys “ to A for life, and in the event of As death to B.”
Is Bs remainder vested or contingent?
If B subsequently conveys her intrest back to O, what does O have?
B has a vested remainder in fee simble absolut
O would have a remainder in fee simple, not a reversion.
“I give to my daughter, Sandra Stewart for life my tract of land in Johnston County, North Carolina and then to Meta Stewart’s children and their heirs.” Meta Stewart is alive and has no children.
Fut ints
Sandra has an indefeasible life estate
Remainders must _____.
Bedome possosory immediately following the termination of the life estate
Shifting executory interest is
Divests an interest of another transferee
I.e. cuts short a prior estate created in the same conveyence
“To A and her heirs, but if B returns from Canada, to B and his heirs”
A has fee simple subject to a shifting executory intrest
B has a shifting exec. Intrest, can be a remainder bc not ready to become possessory @end of As intrest
I
“To A for life, remainder to B and his heirs, but if B predeceases A, to C and his heirs”
C has a shifting executory interest
Springing executory intrest
Springing executory interests go from the grantor to a grantee upon the occurrence of some condition. Another way to put it is that there is a springing executory interest whenever there is an unavoidable gap in ownership of a present possessory estate in the land. If the gap is avoidable, then you don’t call it a springing executory interest.
Otis to Aleisha for life, then to Boland and his heirs, but if Boland has not married by the time of Aleisha’s death, to Carla and her heirs.”
a. Aleisha has a life estate. Boland has a vested remainder subject to total divestment (or subject to an executory limitation or subject to a condition subsequent). Carla has a shifting executory interest in fee simple absolute.
b. Aleisha still has a life estate. Boland has a vested remainder in fee simple absolute. Carla has nothing.
Otis to Asa and her heirs upon her graduation from law school. Assume that Asa is a member of your law school class”:
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Amelia is granted a fee simple subject to an executory limitation and Ballard gets a shifting executory interest in fee simple absolute. [Otis gets nothing.]
Otis to Ava for life, and then to Barbara and her heirs if Barbara survives Ava, but if Barbara does not survive Ava, to Clarice and her heirs”
Ava gets a life estate. Barbara and Clarice get alternative contingent remainders in fee simple absolute and Otis gets a reversion. [Why does Otis have a reversion? We always act as though the life estate could end before the death of the life tenant
Color of title
that you have a written instrument that, in good faith, you think is valid and purports to convey the land at issue in the adverse possession suit. This instrument is, by definition, invalid. If it were valid, then you wouldn’t be an adverse possession. Also, the true owner must have notice of the instrument. Notice can be acquired by: actual notice (like telling the dude the stuff) or constructive (fictional) notice. Color, in this sense, is like “colorable”, meaning “appearing to be valid”.
Rule in Shelley’s Case:
a remainder in a life tenant-grantee’s heirs is deemed to be in a life tenant herself.
- “To B for life, then to B’s heirs.” → B has a fee simple.
- Abolished in most jurisdictions → B’s heirs have a contingent remainder.
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
Doctrine of Worthier Title
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
1. “To B for life, then to my heirs at law.” → B has a life estate; the grantor has a reversion
2. Generally treated as a rule of construction only → grantor’s heirs have a contingent remainder.
O conveys whiteacre “to A for life, then to B and her heirs if B survives A. ID future intests
O- reversion in FS
O conveys “to A for life, them to B and her heirs”
Does O have a reversion
No, vested remainder
A remainder is a future intrest that is capable of becoming possesory at…
The termination of the prior estate
Exectory intrests were made possible by….
The statute of uses
What can exec. Intrests do that remainders cannot
Divest or cut short the preceding intrest
O conveys” to A for life, then to B if B gives A a proper funeral”
Does B have a remainder or an executory interest? If exec, whose interest does he divers
B has an executory intrest. Will divest Os reversion
A remainder is vested if: (2)
(1) it is given to an ascertained person
2) it is not subject to a conditon precedent (other than the natural termination of the estate
A remainder is contingent if: (2)
(1) it is given to an unasceryained person
(2) or it is subject to a condition precedent
Remainder is not ready to become possesory upon the expiration of the preceding estate
A remainder can become indefeasibly vested if
It is cert. to become possesory in the future and cannot be divested
O conveys “to A for life, then to B and her heirs”
bs interest?
B has an indefeasibly vested remainder in fee simple absolute
If B dies during As life, Bs remainder passes to devisees, or heirs(if intestate) or if none, escheats to the stat
A remainder created in a class of persons(such as “to As kids) is vested if(2). And whats it called
(1) one member of the class is ascertained; and
(2) its not subject to a condition precedent
Vested remainder in FS subject to open
O conveys “ to A for life, then to As. Children and their heirs. A has one child B. ID future interests.
Vested remainder in B subject to open. Cannot know his share until A dies.
O conveys “ to A for life, then to As. Children and their heirs. A has no children at the conveyence.ID future interests.
Contingent remainder bc no taker is ascertained.
O conveys “to A for life, then to B’s heirs” B is alive.
The remainder is contingent bc no heir is ascertained until B dies. B only has heirs apparent until B dies.
O conveys “to A for life, then to B and her heirs if B surivives A”
B has a contingent remainder subject to a conditon precedent. B can only take possesion if B survives A
O conveys “to A for life, then to B and her heirs if B surives A, if B doesnt surive A, then to C and her heirs
Alternative contingent remainders in B and C. If one vests, the other cannot.
O conveys “ to A for life, and in the event of As death to B.”
Is Bs remainder vested or contingent?
If B subsequently conveys her intrest back to O, what does O have?
B has a vested remainder in fee simble absolut
O would have a remainder in fee simple, not a reversion.
“I give to my daughter, Sandra Stewart for life my tract of land in Johnston County, North Carolina and then to Meta Stewart’s children and their heirs.” Meta Stewart is alive and has no children.
Fut ints
Sandra has an indefeasible life estate
Remainders must _____.
Bedome possosory immediately following the termination of the life estate
Shifting executory interest is
Divests an interest of another transferee
I.e. cuts short a prior estate created in the same conveyence
“To A and her heirs, but if B returns from Canada, to B and his heirs”
A has fee simple subject to a shifting executory intrest
B has a shifting exec. Intrest, can be a remainder bc not ready to become possessory @end of As intrest
I
“To A for life, remainder to B and his heirs, but if B predeceases A, to C and his heirs”
C has a shifting executory interest
Springing executory intrest
Springing executory interests go from the grantor to a grantee upon the occurrence of some condition. Another way to put it is that there is a springing executory interest whenever there is an unavoidable gap in ownership of a present possessory estate in the land. If the gap is avoidable, then you don’t call it a springing executory interest.
Otis to Aleisha for life, then to Boland and his heirs, but if Boland has not married by the time of Aleisha’s death, to Carla and her heirs.”
a. Aleisha has a life estate. Boland has a vested remainder subject to total divestment (or subject to an executory limitation or subject to a condition subsequent). Carla has a shifting executory interest in fee simple absolute.
b. Aleisha still has a life estate. Boland has a vested remainder in fee simple absolute. Carla has nothing.
Otis to Asa and her heirs upon her graduation from law school. Assume that Asa is a member of your law school class”:
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Amelia is granted a fee simple subject to an executory limitation and Ballard gets a shifting executory interest in fee simple absolute. [Otis gets nothing.]
Otis to Ava for life, and then to Barbara and her heirs if Barbara survives Ava, but if Barbara does not survive Ava, to Clarice and her heirs”
Ava gets a life estate. Barbara and Clarice get alternative contingent remainders in fee simple absolute and Otis gets a reversion. [Why does Otis have a reversion? We always act as though the life estate could end before the death of the life tenant
Color of title
that you have a written instrument that, in good faith, you think is valid and purports to convey the land at issue in the adverse possession suit. This instrument is, by definition, invalid. If it were valid, then you wouldn’t be an adverse possession. Also, the true owner must have notice of the instrument. Notice can be acquired by: actual notice (like telling the dude the stuff) or constructive (fictional) notice. Color, in this sense, is like “colorable”, meaning “appearing to be valid”.
Rule in Shelley’s Case:
a remainder in a life tenant-grantee’s heirs is deemed to be in a life tenant herself.
- “To B for life, then to B’s heirs.” → B has a fee simple.
- Abolished in most jurisdictions → B’s heirs have a contingent remainder.
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
Doctrine of Worthier Title
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
1. “To B for life, then to my heirs at law.” → B has a life estate; the grantor has a reversion
2. Generally treated as a rule of construction only → grantor’s heirs have a contingent remainder.
O conveys whiteacre “to A for life, then to B and her heirs if B survives A. ID future intests
O- reversion in FS
O conveys “to A for life, them to B and her heirs”
Does O have a reversion
No, vested remainder
A remainder is a future intrest that is capable of becoming possesory at…
The termination of the prior estate
Exectory intrests were made possible by….
The statute of uses
What can exec. Intrests do that remainders cannot
Divest or cut short the preceding intrest
O conveys” to A for life, then to B if B gives A a proper funeral”
Does B have a remainder or an executory interest? If exec, whose interest does he divers
B has an executory intrest. Will divest Os reversion
A remainder is vested if: (2)
(1) it is given to an ascertained person
2) it is not subject to a conditon precedent (other than the natural termination of the estate
A remainder is contingent if: (2)
(1) it is given to an unasceryained person
(2) or it is subject to a condition precedent
Remainder is not ready to become possesory upon the expiration of the preceding estate
A remainder can become indefeasibly vested if
It is cert. to become possesory in the future and cannot be divested
O conveys “to A for life, then to B and her heirs”
bs interest?
B has an indefeasibly vested remainder in fee simple absolute
If B dies during As life, Bs remainder passes to devisees, or heirs(if intestate) or if none, escheats to the stat
A remainder created in a class of persons(such as “to As kids) is vested if(2). And whats it called
(1) one member of the class is ascertained; and
(2) its not subject to a condition precedent
Vested remainder in FS subject to open
O conveys “ to A for life, then to As. Children and their heirs. A has one child B. ID future interests.
Vested remainder in B subject to open. Cannot know his share until A dies.
O conveys “ to A for life, then to As. Children and their heirs. A has no children at the conveyence.ID future interests.
Contingent remainder bc no taker is ascertained.
O conveys “to A for life, then to B’s heirs” B is alive.
The remainder is contingent bc no heir is ascertained until B dies. B only has heirs apparent until B dies.
O conveys “to A for life, then to B and her heirs if B surivives A”
B has a contingent remainder subject to a conditon precedent. B can only take possesion if B survives A
O conveys “to A for life, then to B and her heirs if B surives A, if B doesnt surive A, then to C and her heirs
Alternative contingent remainders in B and C. If one vests, the other cannot.
O conveys “ to A for life, and in the event of As death to B.”
Is Bs remainder vested or contingent?
If B subsequently conveys her intrest back to O, what does O have?
B has a vested remainder in fee simble absolut
O would have a remainder in fee simple, not a reversion.
“I give to my daughter, Sandra Stewart for life my tract of land in Johnston County, North Carolina and then to Meta Stewart’s children and their heirs.” Meta Stewart is alive and has no children.
Fut ints
Sandra has an indefeasible life estate
