Present Estates

Question 0

What are the distinguishing characteristics of a Fee Simple Absolute?

Answer 0

Absolute ownership of potentially infinite duration.

Freely devisable, descendible, and alienable.

Question 1

Language to create a Fee Simple Absolute?

Answer 1

“To A” or “To A and his heirs”

Question 2

“To A” or “To A and his heirs” creates a … ?

Answer 2

Fee simple absolute.

Question 3

What are the accompanying future interests of a Fee Simple Absolute?

Answer 3

There are none.

Question 4

How do you create a Fee Tail?

Answer 4

“To A and the heirs of his body.”

Question 5

What happens today when you attempt to create a fee tail?

Answer 5

It is read as a fee simple absolute. (“of his body” restricted heirs to blood relations)

Question 6

How do you create a Fee Simple Determinable?

Answer 6

“To A for so long as …” “To A during …” “To A until …”

Use of clear durational language.

Question 7

What happens if the condition of a Fee Simple Determinable is violated?

Answer 7

Forfeiture is automatic.

Question 8

What are the distinguishing characteristics of a Fee Simple Determinable?

Answer 8

It is devisable, descendible, and alienable BUT ALWAYS SUBJECT TO THE CONDITION.

A person cannot convey more than what they have, i.e. can’t convey fee simple determinable as a fee simple.

Question 9

What are the accompanying future interests of a fee simple determinable?

Answer 9

Grantor has the “possibility of reverter”.

Question 10

“To A for so long as …” “To A until …” “To A during …” creates what kind of conveyance?

Answer 10

A Fee Simple Determinable.

Question 11

How do you create a Fee Simple Subject to Condition Subsequent (NY: Fee on Condition)?

Answer 11

“To A, but if X event occurs, grantor reserves the right to reenter and retake.”

Question 12

What are the distinguishing characteristics of a Fee Simple Subject to Condition Subsequent (NY: Fee on Condition)?

Answer 12

The estate is not automatically terminated when the event happens. If the event happens, grantor has the option to take back the property (but doesn’t have to).

Question 13

What is the accompanying future interest to the Fee Simple Subject to Condition Subsequent (NY: Fee on Condition)?

Answer 13

Grantor has the right of reentry, aka the power of termination.
NY: grantor has the right of reacquisition.

Question 14

What do the words “To A, but if X happens, grantor reserves the right to reenter and retake” create?

Answer 14

A fee simple subject to condition subsequent

NY: fee on condition

Question 15

How do you create a Fee Simple Subject to Executory Limitation?

Answer 15

“To A, but if X occurs, then to B”

Question 16

What are the distinguishing characteristics of a fee simple subject to executory limitation?

Answer 16

If the condition is broken, the estate automatically transfers to someone other than the grantor.

Question 17

What is the accompanying future interest to a fee simple subject to executory limitation?

Answer 17

a shifting executory interest.

Question 18

What kinds of words are incapable of creating defeasible fees?

Answer 18

words of mere desire, hope, expectation, or intention

Question 19

What happens if the conveyance says “to A with the hope that A use the property for agricultural purposes”?

Answer 19

A has a fee simple absolute.

Question 20

What happens if grantor places an absolute restraint on alienation?

Answer 20

That restraint is void.

Question 21

What constitutes an absolute restraint on alienation?

Answer 21

an absolute ban on the power to sell or transfer that is not linked to any reasonable time-limited purpose

Question 22

What conveyance is created by “To A, but if X occurs, then to B”?

Answer 22

A fee simple subject to executory limitation

Question 23

What does “to A for life” create?

Answer 23

A life estate in A and a reversion in O.

Question 24

What if a has a conveyance that says “To A for life” and A sells to B?

Answer 24

B has a life estate pur autre vie (measured by the life of A)
O still has a reversion.

Question 25

What is voluntary waste?

Answer 25

a life estate holder is prohibited from committing voluntary waste: willful destruction of the property

Question 26

What happens if A, a life estate holder, chops down all the trees on the property?

Answer 26

A has committed voluntary waste.

Question 27

What are the exceptions to the rule against consuming or exploiting the natural resources on the property by a life estate holder?

Answer 27

PRIOR USE (including open mines doctrine) - the land was previously used for exploitation.
REPAIRS: life tenant can consume natural resources to make repairs.
GRANT: if they have been given the right to consume/exploit
EXPLOITATION: the land is only suitable for exploitation (e.g. a quarry)

Question 28

Can a life tenant commit permissible waste?

Answer 28

No - this is neglect. Life tenants have a duty to maintain the premises in reasonably good repair.

Question 29

What “fees” must life tenants pay?

Answer 29

ordinary taxes on the fair market value of the property

Question 30

Can a life tenant commit ameliorative waste?

Answer 30

Not without consent. A life tenant cannot engage in acts that enhance the property’s value without consent of future interest holders.

In NY: can make reasonable improvements if remaindermen don’t object.

Question 31

What is the future interest in a life estate?

Answer 31

If held by the grantor: reversion

If held by another: remainder

Question 32

“To A for life” creates a …?

Answer 32

Life estate in A.

If A sells to B, B has a life estate pur autre vie, and the property still reverts to O at the end of A’s life.