Possessory Estates

Question 1

Estates System

Answer 1

Ways of having an interest (ownership) in land

– exclusive labels of ownership

Question 2

Freehold Estates

Answer 2

** Freehold estates have rights of exclusive possession and Seisin(status and obligation related to your ownership)**

1) Fee Estates - closest to theory of ownership; you have potentially INFINITE interest in the property
a) FSA
b) Defeasible Fee
c) Fee Tail

2) Life Estates

Question 3

Non Freehold Estates

Answer 3

Lease - transfer of exclusive ownership for a fixed period of time

Question 4

Present and Future Interests

Answer 4

• • All present interest will have a future interest (reversion or remainder)
• • THERE MUST ALWAYS BE A FUTURE INTEREST!!! The last possible interest MUST BE FSA

**NO future interest after FSA

Question 5

Reversion

Answer 5

the land reverts back to original owner

O to A for life, the back to O (or his heirs/his will)

Question 6

Remainder

Answer 6

O to A, then to B

Question 7

Intervivos Conveyance

Answer 7

intentional conveyance btwn two living people; through a deed (nothing oral!)

Question 8

Devise

Answer 8

intentionally passing real property by will

Question 9

Descent

Answer 9

inheriting property (not from a will) through the laws of intestate possession

Question 10

Intestate

Answer 10

dying without a will

Question 11

Heirs

Answer 11

group of people who will take your property upon your death if you die intestate (you have heirs once you’re dead)

Question 12

Escheat

Answer 12

gov’t gets the property IF you own it, don’t have a will, don’t have heirs

Question 13

Fee Simple Absolute (FSA)

Answer 13

• O to A; O to A and his heirs; O to A in FSA

All interest transfers, can last forever ∞; no future interest

• this gives heirs no interest (regardless of the wording “and his heirs”) unless “then his heirs”;, this gives future interest

Question 14

Defeasible Fee

Answer 14

Can potentially last forever but has a condition for that potential

Question 15

Fee Tail

Answer 15

Rare**

Transferring property so it will pass IN A CERTAIN WAY forever (potentially)

Question 16

Life Estates

Answer 16

-O to A for life, not ∞; will revert back to O when A dies (O has FSA)

“to A” - words of purchase
“for life” - words of limitation

Question 17

Per autre vie

Answer 17

For/by another life

• if A gives B A’s life estate, when A dies, B loses life estate and it reverts back to O

Question 18

White v. Brown

Answer 18

Construing A Will
– look at wording and intent of testator

“O to A to live in and not to be sold”

• • “not to be sold” –> restriction on alienability is VOID and INVALID
• -“to live in”
• -> just a description of why she’s giving her the land

– Construe that ALL property is transferred (FSA)

Question 19

Permissive Waste

Answer 19

Omission; (i.e. not completing repairs)
– imposes duty on present owner to act to preserve for the future owner

(not paying property taxes is also seen as permissive waste)

Question 20

Affirmative Waste

Answer 20

Commission that will be construed as improperly acting on B’s rights and future interests

** prevents A from exploiting long term resources and depriving B of them

EXCEPTIONS - open mines doctrine (if mining was already happening, you may continue) & good Husbandry (take care of the land)

Question 21

Ameliorative Waste

Answer 21

Changing the property (even if increasing the value)