Lesson 3 Technical Rules Applied to Estates in Land

Question 1

Doctrine of Destructibility of Contingent Remainders

Answer 1

An interest must vest at or prior to expiration of the preceding estate expires. Any interest which has not yet vested at the time preceding estate expires is destroyed.

Question 2

The Rule in Shelley’s Case

Answer 2

If an instrument creates a freehold in A and purports to create a remainder in A’s heirs (or the heirs of A’s body), and the estates are both legal or both equitable, the interests all merge to become a fee simple (or fee tail) in A.

Question 3

Doctrine of Worthier Title

Answer 3

“One cannot either by conveyance or will, give a remainder to his own heirs”.

Question 4

Rule Against Perpetuities

Answer 4

No interest is good unless it must vest, if at all, not later than 21 years after some life in being at the creation of the interest.

Question 5

Rule Against Waste

Answer 5

If the owner of a present interest acts unreasonably and in such a way as to substantially reduce the value of the future interest, he may be liable to the owner of the future interest for that reduction in value.