Ownership of property

Question 1

Fee simple absolute

Answer 1

“to A and heirs”; “to A”

Question 2

Fee simple determinable

Answer 2

“to A ….so long as, during, until, or while” –> creates possibility of reverter in grantor

Question 3

Fee simple subject to condition subsequent

Answer 3

“to A … provided however, however if, but if, on condition that” –> can create right of reentry in grantor

Question 4

Shifting executory interest

Answer 4

Interest passes from one grantee to another grantee (not back to grantor)

Question 5

Waste and types

Answer 5

Owner of less than fee estate cannot commit waste: voluntary waste (did something harmful), permissive waste (didn’t prevent something), ameliorative waste (improvements)

Question 6

Ameliorative waste OK if:

Answer 6

market value not impaired + permitted by remainderman, or change in neighborhood justifies improvement

Question 7

Rule against perpetuities

Answer 7

“must vest, if at all, not later than 21 years after some life in being at creation of interest.” Applies to: executory interest, contingent remainder, vested remainder subject to open, purchase option, and right of first refusal

Question 8

Joint tenancy

Answer 8

Requires 4 unities (TTIP): Same Time, Same Title, Equal Interest, Possession of whole

Question 9

Constructive eviction

Answer 9

Landlord allowed condition of property to deteriorate to substantially interfere with tenant enjoyment + tenant leaves

Question 10

Warranty of habitability

Answer 10

requires landlord to maintain premises. Tenant must provide notice and time to repair problem

Question 11

tenants obligations

Answer 11

Must avoid ameliorative, permissive, and voluntary waste