Ownership Flashcards
A) Estates in Land
Four
Fee Simple Absolute
Life Estate
Fee Simple Determinable
Fee Simple Subject to Condition Subsequent
1) Fee Simple Absolute
(a) 100% Ownership FOREVER
2) Life Estate
(a) Rights and Control for Life
(b) Cannot Commit Waste
(c) “O to A for Life”
(i) Can Mortgage
Reversion
(d) Reversion
(i) Interest goes back to Grantor (O)
(e) Interest And Taxes
(i) Life Tenant must pay Interest & Taxes
(f) Remainder
(i) Interest after a life estate
(ii) “then to
(g) Types of Remainders
(i) Vested Remainder
(ii) Contingent Remainder
(iii) Vested Remainder Subject to Open/Partial Divestment
(iv) Vested Remainder Subject to Total Divestment
(i) Vested Remainder
(i) Automatic Transfer
(ii) Contingent Remainder
(i) Subject to an event
(iii) Vested Remainder Subject to Open/Partial Divestment
(i) Refers to a Class of People
(ii) One must be alive
1. Example
a. Jon conveys Greenacre to you for your life, then to Bob’s children
i. Bob’s kids are the Vested remainder
(iv) Vested Remainder Subject to Total Divestment
(i) If person’s interest can be wiped out
1. Example
a. Jon to you for your life, then to Cm but if C has no Kid’s then to D
i. Wiped out if no kids
3) Fee Simple Determinable
(a) “so long as” or “as long as”
(i) Example
(i) Jon Conveys green acre to you as long as you use it as a museum
(b) Possibility of Reverter
(i) AUTOMATICALLY reverts to grantor if condition is not met
4) Fee Simple Subject to Condition Subsequent
(a) If a future event occurs, then grantor has right of reentry
(i) “but if”
(i) Example
1. Jon conveys Greenacre to you but if the Jets ever win the Superbowl Jon gets the property back
(b) Right of Reentry
(i) Grantor must act to get the land back
(ii) NOT automatic
B) Rules Against Perpetuities
(a) Interest must vest within 21 years of the life in being
(b) Reading Comp RAP
(i) Fee simple Determinable or a Condition subsequent
(ii) Instead of going back to the Grantor, after fee simple determinable or Condition subsequent, the executory interest violates RAP
(i) Example
1. O conveys Greenacre to A, so long as A uses it as a park, but if A stops using it as a park, then to B and his unborn kids
a. Subsequent grantee - violates RAP