Prop 1

Question 1

Fee simple subject top executory limitation

Answer 1

To A, but if X occurs, then to B

Question 2

Fee simple subject to condition subsequent

Answer 2

To to, but if, then reserve the right

Question 3

To A, so long as (this doesnt happen)

Answer 3

Fee simple determinable

Upon evet happening, property reverts back to the grantor

Question 4

Voluntary waste

Answer 4

Any a rmative act beyond the right of maintenance that causes harm to the premises.
Life tenant can only continue the normal use; any change of use is voluntary waste, and life tenant is liable to the holder of the future interest.

Question 5

Depletion of natural resources is

Answer 5

waste unless the normal use of the land was to deplete them. Facts to trigger this concept will be harvesting timber, mining coal, extracting oil and gas, or any other type of minerals. This is called the open mines doctrine. The sale of crops grown on the land is not waste.

Question 6

PErmissive waste

Answer 6

Where tenant has failed to maintain the estate. This involves inaction, not action.

Question 7

Life tenant must do three things to avoid permissive waste:

Answer 7

• Repair: Life tenant must keep property in repair, but is only responsible for ordinary repairs, not improvements or replacement.• Taxes: Life tenant pays all taxes on the proper- ty.• Interest on Mortgage on Entire Property: Life tenant pays any interest on any mortgage that encumbers the entire fee simple. For example, the life tenant takes title to property already subject to a mortgage when held in fee simple. Does the holder of the future pay anything?

Question 8

Ameliorative waste

Answer 8

special type of voluntary waste that occurs when the a rmative act alters the property substantially but increases the value of it.

Question 9

Amel waste rule

Answer 9

RULE: If changed conditions have made the property relatively useless in its current use, the life tenant can tear it down without liability to the holder of the future interest.

Question 10

Reversion

Answer 10

The reversion is the interest kept by the grantor when the grantor gives a grantee less than the durational estate the grantor had.

Question 11

Possibility of reverter

Answer 11

Whenever a grantor gives a fee simple determinable, the grantor keeps a possibility of reverter. That pres- ent possessory estate and future interest always go together.Remember, the fee simple determinable ends auto- matically when the condition happens. This means that the possibility of reverter does not have to do anything to be entitled to take possession.

Question 12

fee simple subject to a condition subsequent,

Answer 12

This interest is labeled the right of entry or the power of termination. Both labels refer to the same future interest.
Whenever a grantor gives a fee simple subject to a condition subsequent, the grantor keeps a right of en- try. That present possessory estate and future interest always go together.

Question 13

To get a fee simple subject to condition subsequent on exam, grantor must expressly reserve a right of entry, and a failure to do so results in

Answer 13

the condition being ignored

Question 14

Robert to Varys and his heirs, provided that liquor is not sold on the premises.

Answer 14

There is no expreslsy stated right to reenter here

so V has a fee simple absolute

Question 15

Davos to Stannis for life, then to Renly and his heirs. What estates do Stannis, Renly, and Davos have?

Answer 15

S has a life estate

R has a vested remainder in fee simple

Question 16

Tywin conveys by deed to Cersei for life, then to Cersei’s children. At the time of this grant, Cersei has three children, Jo rey, Myrcella, and Tommen.
Cersei has?
Jo rey, Myrcella, and Tommen have? Tywin has?

Answer 16

C has a life estate
JMT have a vested remainer subject to open
T has nothing

Question 17

Petyr provides in his will to the children of my dear friend Catelyn. Catelyn has three children, Robb, Sansa, and Arya at the time of Petyr’s death. Two years later, Catelyn has a child, Bran. Is Bran entitled to a share in the property?

Answer 17

Class closes at Peters Death. B is not entiteld toa share

Question 18

Tyrion conveys to Bronn for life, then to Podrick and his heirs if Podrick survives Bronn.
Podrick has? Tyrion has?

Answer 18

P has a contingent remainder

T has a reversion in fee simple

Question 19

Tryrion to Daeny for life, then to Daeny’s children. Daeny has no children.
Daeny’s children have? Tyrion has?

Answer 19

D has a life estate
D’s children have a contingent remainder
T has a reversion in fee simple

Question 20

Tyrion to Daeny for life, then to Daeny’s widower. Daeny is married to Jon at the time of conveyance.
What does “Daeny’s widower” have? What does Tyrion have?

Answer 20

J has a contingent remainder

T has a reversion in fee simple

Question 21

Robert to Cersei for life, then to Jo rey and his heirs; but if Jo rey does not marry Sansa, then to Tommen and his heirs.
Jo rey has? Tommen has? Robert has?

Answer 21

J has a vested remainder subject to divestment

T has a shifting exectory interest

Question 22

Robert to Cersei for life, and on Cersei’s death to Jo rey; but if Jo rey predeceases Cersei, on Cersei’s death to Tommen.
Jo rey has? Tommen has? Robert has?

Answer 22

J has a vested remainder subject to divestment

T has a shifting executory interst

Question 23

Executory interest

Answer 23

he executory interest operates to divest or cut short the estate that comes before it; it does not come into possession at the natural expiration of the earlier es- tate.
If a future interest in a grantee is not a remainder, it must be an executory interest.
If a future interest in a grantee cuts short an earlier estate, it must be an executory interest.

Question 24

Holder of an executory interest cannot sue life tenant for waste.
HYPO 3S
NOTES

Ned to Catelyn for life, then to Sansa; but if Sansa marries Ramsay, then to Robb.
Sansa has?
Robb has?
If Catelyn commits waste, can Sansa recover? If Catelyn commits waste, can Robb recover?

Answer 24

Sansa can recover but rob cannot

Question 25

Shifting

Answer 25

If an executory interest operates by taking title from one grantee and giving it to another grantee, it is called a shifting executory interest.

Question 26

springing

Answer 26

If an executory interest operates by taking title from the grantor and giving it to a grantee, it is called a springing executory interest.

Question 27

Rule agaisnt perpetuities

Answer 27

No interest is good unless it must vest, if at all, not lat- er than 21 years after some life in being at the creation of the interest.
This is a rule about time. If there is any chance that an interest might vest outside of a life in being (LIB) + 21 years, that interest is void.
Exam Tip
Don’t look for a particular person as the life in being. An easy test for the exam is to look at the facts and ask: could everyone alive at the time of the grant die, and 21 years pass, before the interest might vest? If the answer is yes, then the interest is void. The determination of va- lidity is always at the time of the conveyance.

Question 28

RAP
Jon to Samwell and his heirs; provided, however, if liquor is consumed on the premises, then to Tormund and his heirs. Intended grants:
Samwell:
Tormund:
Jon:
After operation of the Rule Against Perpetuities: Samwell:
Jon:

Answer 28

s- fee simple subject to executory limitation
t shifting executory interest

AFTER RAP

S fee simple absolute
J possibility of reversion