PRESENT ESTATES

Question 1

FEE SIMPLE ABSOLUTE FSA

Answer 1

To A/ To A and his heirs

absolute ownership of potentially infinite duration

Question 2

FEE SIMPLE DETERMINABLE

Answer 2

clear durational language:
To A so long as, To A during, To A until, To A while
automatically terminates on the happening of a stated event and goes back to the grantor.
- possibility of reverter

Question 3

FSD- POSSIBILITY OF REVERTER FSDPOR

Answer 3

arises automatically in grantor as a consequence of the conveyance of FSD estate
- can be transferred inter vivos or devised by will and descends

Question 4

FEE SIMPLE SUBJECT CONDITION SUBSEQUENT

Answer 4

Two conditions needed to create:
1. durational language
2. statement of the right to re-enter
To A, (1) but if X event occurs, (2) grantor reserves the right to re-enter and retake
To A upon condition that, To A provided that, To A, but if, and To A bit if it happens that

Question 5

FSSCS- RIGHT OF RE-ENTRY

Answer 5

not automatic, grantor must expressly state right of re-entry

• can waive right to re-entry
• inacation is not waiver-
• devisable, but not alienable inter vivos

Question 6

FEE SIMPLE SUBJECT TO EXECUTORY INTEREST

Answer 6

• Fee simple with a catch- automatically divested in favor of a third person rather than the grantor.
  To A, but if X event occurs, then to B
• subject to RAP
• subject to a shifting executory interest

Question 7

FEE TAIL

Answer 7

to A and the heirs of his body
limited inheritance to lineal descendants
- abolished in most states

Question 8

LIFE ESTATE

Answer 8

Measured in explicit lifetime terms and never in terms of years
To A for life

Question 9

LIFE ESTATE PUR AUTRE VIE

Answer 9

A life estate measure by a life of another other than the grantee’s.
To A for the Life of B
Grantor holds a reversion, or a third party holds a remainder

Question 10

DOCTRINE OF WASTE FOR LIFE TENANTS: AFFIRMATIVE WASTE

Answer 10

1. Affirmative waste: actual, overt conduct that causes drop in value (i.e. destruction)
   - affirmative waste- Natural resources: must not consume or exploit natural resources on the property Unless:
2. reasonable amounts where necessary for repair and maintenance of the land;
3. when the life tenant is expressly given the right to exploit such resources in the grant;
4. when prior to the grant, the land was used in exploitation of such natural resources so that in granting the life estate the grantor most likely intended the life tenant to have the right to exploit;
5. in many states where the land is suitable only for such exploitation (i.e. mines)
   PURGE: prior use, reasonable repairs, grant, exploitation

Question 11

DOCTRINE OF WASTE FOR LIFE TENANTS: PERMISSIVE WASTE

Answer 11

Occurs when land is allowed to gall into disrepair or the life tenant fails to reasonably protect the land (neglect)

• obligated to keep land in a reasonable state of repair
• obligated to pay interest on encumbrances on the land
• obligation to pay all ordinary taxes on the land
• No income or profit, life tenant is to pay to the extent of the premises’ fair rental value
• no liability for third party torts

Question 12

DOCTRINE OF WASTE FOR LIFE TENANTS: AMELIORATIVE WASTE

Answer 12

Life tenant must not engage in acts that will enhance to property’s value unless all future interest holders are known and consent. Can substantially demolish or alter if:

• the market value of the future interests is not diminished and either
  1. the remaindermen do not object; or
  2. a substantial permanent change in the neighborhood conditions has deprived the property in its current form of reasonable productivity or usefulness