Ownership

Question 2

Fee Simple Determinable - Possibility of Reverter

Answer 2

Future Interest in Grantor When stated cond. occurs, estate reverts back to the grantor → MD - Holder of Poss. of Rev. must initiate action to recover prop. w/in 7 years of when cond. happens OR barred from bringing action (SOL) MD - If cond. that creates the POR doesn’t happen w/in 30 years of the date of the instrument creating the int., the cond. is invalid - Holder of FSD own prop. in FSA

Question 3

Fee Simple Subject to Condition Subsequent - Right of Re-entry

Answer 3

MD - Holder of Right of Re-entry - must initiate action to recover prop. w/in 7 years of when cond. happens OR barred from bringing action (SOL) MD - If cond. that creates the ROR doesn’t happen w/in 30 years of the date of the instrument creating the int., the cond. is invalid - Holder of FSSCS own prop. in FSA MD - ROR may be transferred inter vivos

Question 4

Fee Tail

Answer 4

Limits estate to grantee’s lineal blood descendants by specific words ““heirs of the body” MD - Eliminated in MD & treated as FSA

Question 5

Life Estate - Dower & Curtesy

Answer 5

Conveyance from husband to BFP w/out wife’s joining in the conveyance doesn’t defeat dower MD - Eliminated in MD - Surviving Spouse has statutory right to take a portion of the estate

Question 6

Rule in Shelley’s Case

Answer 6

MD has rejected Common Law Rule in Shelley’s Case

Question 7

Concurrent Estates - Joint Tenancy - Four Unities

Answer 7

P - Possession I - Interest T - Time T - Title MD - Creation req. exp. lang. that the prop. is to be held in Joint Tenancy - Parties must clearly intend to create JT with rt. of surv. - Statute doesn’t require particular wording

Question 8

JT - Severance - Conveyance - Contract to Transfer by 1 JT

Answer 8

POL - JT who executes option Contract doesn’t severe JT - Severance occurs when the option is exercised

Question 9

JT - Severance - Conveyance - Contract to Transfer by all JTs

Answer 9

POL - Sev. occurs upon execution of K to convey bat all JTs - Proceeds of Sale - Received by TIC unless K specifies otherwise

Question 10

JT - Severance - Mortgages - Lien v. Title Theory

Answer 10

MD - MD has adopted Title Theory - JT is severed when a mortgage is granted by a JT - If more then one remaining JT, they cont. to hold their prop. int. w/ each other as JTs

Question 11

JT - Severance - Judicial Lien

Answer 11

POL - An lien against 1 JTs int. is terminated upon that JTs death - Lien doesn’t encumber surviving tenants interest - JT severed on date of the actual execution of a Judgment lien (not when sheriff receives the writ)

Question 12

JT - Severance - Leases

Answer 12

POL - Lease by a JT severs the JT as between lessor and other JTs

Question 13

JT - Severance - Intentional Killing

Answer 13

POL - Constructive Trust - If 1 JT murders another, MD courts impose a constructive trust to prevent unjust enrichment

Question 14

Tenancy by Entirety

Answer 14

Recognized in MD - JT b/w married people w/ rt. of surv. - Exception - Agreement to contrary, prop. acquired by adverse poss. - Severance - By divorce NOT Sep. Agmt. →TIC

Question 15

Concurrent Interests - Rights & Obligations - Repairs & Improvements

Answer 15

MD - Contribution for Repairs - If a cotenant requests contribution for a repair nec. to preserve the prop, he is entitled to contribution - e.g. when the cotenants are spouses who have sep.

Question 16

Concurrent Interests - Rights & Obligations - Partition

Answer 16

POL - Partition - Any prop. can be partitioned upon petition of any JT, and court may require that the prop. be sold if partition would result in loss or injury