Property

Question 1

FSD POR

Answer 1

1. Automatically reverts and uses such language as “while” “during” or “until”

Question 2

Fee Simple Subject to a Condition subsequent

Answer 2

1. Grantor must reserve the right to terminate which is called the right of entry must be expressly reserved and exercised

Question 3

Rights and duties of Life Tenant

Answer 3

1. Affirmative Waste: not allowed unless open mines doctrine, or necessary for repair and maintenance or if it is suitable for such use or expressly or impliedly permitted by the grantor
2. Permissive Waste: (1) preserve the land and structures in a reasonable state of repair (2) pay interest on the mortgage but not principal (3) ordinary taxes (4) special assessments of short duration
3. Ameliorative waste
   (1) does not reduce the market value and either
   (2) remaindermen do not object or
   (3) a substantial and permanent change in the neighborhood

Question 4

Shelly Rules

Answer 4

At common law if the same instrument created a LE in A and gave the remainder to A’s heirs only, the remainder was not recognize and A took the life estate and remainder

Question 5

Doctrine of Worthier Title

Answer 5

A remainder in the grantors heirs is invalid and becomes a reversion in the grantor