Property

Question 1

Deed is terminated by

Answer 1

reconveyance, not destruction

Question 2

Doctrine of adverse possession ripens a possessory right into title in fee simple absolute when

Answer 2

possession is
(1) actual
(2) open and obvious (usual use to put one with the exclusive right of possession on notice)
(3) continuous for the entire statutory period, unless tacking
(4) hostile (without permission of one with the exclusive right of possession)

Question 3

Under CL, bona fide purchaser for value status against earlier conveyances

Answer 3

auto lose
first in time and right, sans recording statute

Question 4

Under notice recording, BFPforV status against earlier conveyances

Answer 4

(1) earlier conveyance not recorded,
(2) no actual know, no inquiry not

*recording irrelevant for earlier, recording necessary for later

Question 5

Under race recording, BFPforV status against earlier conveyances

Answer 5

(1) earlier conveyance not recorded,
(2) first to record

*actual knowledge or inquiry notice irrelevant

Question 6

Under race recording, BFPforV status against earlier conveyances

Answer 6

(1) earlier conveyance not recorded, notice irrelevant

Question 7

Under race recording, BFPforV status against earlier conveyance

Answer 7

earlier not record,

Question 8

Diagram of Present and Future Interests

Answer 8

Question 9

Present Interests - Restraints on Alienation - Disabling Restraint

Answer 9

O to A for life. A has no right to transfer interest.

invalid b/c all disabling restraints on legal interests (life estate, fee simple) are invalid.

O can’t force A to hold the property for life.

Question 10

Present Interest - Restraint on Alienation - Partial Forfeiture

Answer 10

O to A, any attempt to transfer forfeits interest.

valid b/c partial forfeiture restraints are valid if reasonable. Reasonable is for require holding for limited time

same for vested future interests, O can force vested remainders to hold their interest otherwise forfeit.

Question 11

remainder

Answer 11

future interest capable of becoming possessory that is capable of results from the possessory estate’s termination

Question 12

contingent remainder

Question 13

vested remainder

Question 14

indifeasibly vested remainder

Answer 14

O conveyed remainder of life estate to one person and person alive (ascertainable)

Question 15

vested remainder subject to partial divestment

Answer 15

O conveyed remainder of life estate to a class and one member alive (ascertainable)

class closes if mother dies before life estate, becomes indefeasibly vested remainder

Question 16

vested remainder subject to total

Question 17

comma stops packaging of language

Answer 17

“to A for life, then…” = To A for life!”

“…, then to B, but if” == “then to B!

“…, then to B but if… == no stop

Question 18

Vested Remainder Subject to Divestment

Answer 18

“To A for life, then to B, but if B dies before A, then to C.”
1. apply comma rule =
(i) To A for life!
(ii) …To B! (subject to divestment by condition subsequent)

2. is future interest in fee simple? No = contingent interest
3. is future interest ascertainable and not subjected to condition precedent? Yes = vested remainder

(future) thus is vested remainder (fee simple) subject to divestment

Question 19

Contingent Remainder

Answer 19

“To A for life,

Question 20

Destructibility of Contingent Remainders

Answer 20

O grants “To A for life, then to B if he has reached 18.” (at the time of A’s death

Because A may die before B is 18, A gets life estate, B gets nothing and O retains his reversion under the rule of destructibility.

Modern, law is patient and waits to see when A dies, thus A gets a life estate and B has a contingent remainder.

If A dies before B 18, O holds a fee simple subject to executory interest, namely B’s springing executory interest.

Question 21

Rule in Shelly’s Case - Rule of Law beats O’s intent

Answer 21

O conveys “To A for life, then to A’s heirs.”

Normally, A has life estate and A’s heirs have a contingent remainder because they are unascertainable and O has a reversion because A could die without heirs.

Result: A should decide what his heirs will inherit, not O, thus the life estate and remainder merge into fee simple absolute in A.

Question 22

Doctrine of Worthier Title
- Rule of Construction, O’s intent governs

Answer 22

O conveys, “to A for life, then to O’s heirs

Normally, A has life estate O’s heirs have contingent remainder because unascertainable until O’s death.

Result: Because it makes it easier to transfer property, O’s heirs get nothing and O has a reversion.