Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Ohio Bar exam > Property > Flashcards

Property Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards
1
Q

Present possessory estates

A

freehold and non-freehold.

Estates: mean possession.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Fee simple

A

Can be Fee simple absolute and defeasible.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Fee simple Absolute

A

• potentially infinite duration: potentially last forever

FSA MUST be fully alienable: No direct restrains on transfer of ownership of FSA

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

direct restraint

A

it is a restrain on alienation so void for FSA.
It is void so you ignore the restriction.
BUT A condition may be imposed but any attempt to limit the right of transfer is void.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Fee Tail

A

Abolished in most states
• To A and the heirs of his body OR
• To A and his bodily heirs
Modern presumption: this language will be presumed to create an FSA

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Life Estate

A

Granted expressly or by implication.
Life estate is NEVER measured by time, only measured by life.

When Life estate ends all encumbrances disappear.
BUT if taxes are not paid, and there is a tax sell future holders lose their interest.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Life Estate by implication

A

To A after the death of my wife.

The life estate is created by necessary implication from the terms of the testator’s will.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Life Estate pur Autre Vie

A

A life estate measured by the life of another.
Common Law: if life T dies before measuring life dies Seisin is vacant so anyone takes.
Maj. If life T dies before the measuring life, life estate passes to the estate of the deceased life T and continues UNTIL the measuring life dies.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Life estates and restraints on alientation

A

Modern rule allows a provision that terminates the life estate if the life tenant attempts to convey away the life estate.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Law of Waste

A

Life tenant must maintain the estate. ONLY LIFE ESTATES

Maintain is the max and the min that the life T can do on the land.

Maintain means the life T may continue the normal use of the land.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Voluntary Waste

A

Any affirmative action beyond the right of maintenance that causes harm to the premises.

Any change of use is voluntary waste for which the life T may be liable to holder of future interest.

Depletion of natural resources constitutes waste unless consumption of such resources constitutes the normal use of the land, as in the case of a life estate in a coal mine or granite quarry. This is the open mines doctrine. BUT sale of harvestable crops does not involve waste.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Permissive waste

A

Failure to maintain. T must do three things to avoid this.
• Repairs
• pay taxes
• pay interest on Mortgage Debt
Life T does not need to insure the property, but the life T does have an insurable interest.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Life T’s obligation to repair

A

Life T has obligation to make ordinary repairs but not replacement.
Repair obligation is limited to amt of rents and profits rec’d from the land.
If no rents or profits, then the repair obligation is limited to reasonable rental value of the land IF life T is using the land.
IF life T is not getting rent or profit OR using land NOT repair obligation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Life T’s obligation to pay taxes

A

The life T must pay all taxes on the property.
BUT obligation is limited to amt of rents and profits rec’d from the land.
If no rents or profits, then the repair obligation is limited to reasonable rental value of the land IF life T is using the land.
IF life T is not getting rent or profit OR using land NOT repair obligation.

If fails to pay taxes the future interest must be sure taxes are paid, if tax sale the future interest will be eliminated.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Life T’s obligation to pay mortgage

A

Life T MUST pay INTEREST and it not required to pay principle. The holder of the future interest pays the principle.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Ameliorative Waste

A

General Rule: Ameliorative waste occurs when the life T alters the property substantially but life T’s activity increases the value of the land.
BUT
If changed conditions and relatively worthless then life t can alter the property without incurring liability to the holder of the future interest.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Seisin

A

All freehold estates carry with them the concept of seisin.
The holder of seisin is the taxpayer.
We need to know who hold seisin at all times.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Future interest generally

A

An interest that exists now BUT possession will not take place (if at all) UNTIL sometime in the Future.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Future interest retained by the grantor

A
  • Reversion
  • the possibility of reverter
  • right of entry
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Future interests given to grantee

A
  • Remainder

* executory interest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Reversion

A

Always in the grantor.

Arises whenever the grantor conveys away less than the full durational estate that the grantor had. (Automatic).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Possibility of Reverter

A

Always in the grantor

Whenever grantor conveys a fee simple determinable FSD (durational) the grantor retains automatically a possibility of reverter.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Fee simple determinable

A 
Fee simple DURATIONAL.  look for durational language
•	so long as 
•	while
•	during
•	until
24
Q

Right of re-entry

A

Always in the grantor.
Whenver grantor conveys a fee simple on condition subsequent, grantor keeps a right of entry

To get the land back you have to jump through hoops. You need to file an ejectment action.

25
Q

Fee simple on condition subsequent (FSCS)

A

title does not automatically go back to the grantor when the condition is broken.
• instead grantor must do something to retake the property
• Title stays in the grantee until the grantor exercises his right of entry.
Magic words
• provided however
• but if
• on condition that
Grantor must expressly reserve the right to re-enter and re-take the property.

26
Q

Transferability of Future Interests

A

Reversions Possibility of reverter Right of Entry
Subject to Rule Against Perpetuities? N N N
Freely Transferable on death? Y Y Y
Freely Transferable inter vivos? Y Y N

27
Q

Remainder

A

in grantee.
A remainder is a future interest in a third party grantee that comes naturally and immediately on the termination of the preceding estate.

Remainder is vested or contingent.
Vested if nothing stands in the way of its becoming possessory on the natural expiration of the preceding estate. (i.e. taker is ascertainable and no conditions to taking)
Grantor kept nothing.

28
Q

Contingent remainder

A

A condition exists that must be satisfied before the person’s interest becomes vested.

It could be a survivor condition or age contingency.

29
Q

Vested

A
  • ascertainable person

* no condition

30
Q

Class gifts general rules

A
  1. class opens when property is transferred (will at death, deed immediately
  2. class closes when any member of the class has present possessory interest in the property
  3. If unborn child is in gestation at the time the class closes, he is included in the class
31
Q

Class gift for remainder

A

Vested remainder subject to open (or partial divestment)
This allows for birth of new siblings.
Where remainder interest is conveyed to a class of unnamed persons whose members are not yet fully known, the class remains open to allow future persons as class members satisfying the class description.

32
Q

Class gifts: time for vesting and the rule of convenience

A

Rule of convenience, the class closes for a class gift whenever any class member is entitled to a distribution. This is a rule of construction not a rule of law. SO the Testator or Grantor could say otherwise.

33
Q

Class gift to class with no members yet.

A

To children but no children in existence. If the grantee is not in existence at the time the conveyance takes effect, then the remainder is contingent on the grantee being born and therefore ascertainable.

34
Q

Widows

A

To “widow” is a contingent remainder.
It is contingent because we do not know who will be a widow, or even if he will have a widow. A widow is determined at death.

35
Q

Executory interest

A

An interest that cuts short the estate that comes before it.
They can follow a fee simple.
Language of condition is made part of the grant over to another party.

many times you see but if, or then to.

Watch punctuation the condition must be part of the grant to the party that takes land subject to the executory interest.

36
Q

Law of Waste and future interest

A

Holders of executory interest do not have standing to sue for waste.

BUT
holder of remainder does have standing to sue for waste.

37
Q

Rule against perpetuities

A 
No interest is good unless it must vest, if at all, not later than 21 years after the death of some life in being at the creation of the interest.  
Could the interest possibly vest in the time?
ALWAYS applies 
•	to executory interest 
•	contingent remainders 
•	vested remainders subject to open 
•	powers of appointment
•	rights of first refusal
38
Q

Blue pencil Rule

A

The court can blue pencil out the invalid conveyance and determine the conveyance

39
Q

Application of rule against perpetuities

A

If violated the future interest is voided, simply remove the language from the grant.
NO wait and see, determined at time of conveyance or if will when will takes affect or if deed when deed takes effect.

Uniform statutory Rule against Perp. basically codifies common law AND an alternative 90 year vesting period. Adopting a wait and see approach to see if it actually vests in 90 years.

40
Q

Ohio statutory reforms to rule against perpetuities

A
  • a wait and see statute. the validity of the interest following a life estate is determined at the end of the life estate NOT when future interest was created
  • cy pres approach, if invlied for rule against prep, interest is reformed to carry out the grantor’s intent as nearly as possible.
41
Q

Trick on perp question
O conveys blackacre to A and her heirs; provided, however, that if the premises shall ever cease to be used for residential purposes, then B has the right to re-enter and retake the premises.

A

Trick question
A: Fee simple subject to Executory interest
B: executory interest
O: nothing.
you can’t create right of entry in anybody but the grantor.

42
Q

Right of first refusal and rule against perpetuities

A

Contingent interest in property, like options and right of first refusal, violate the rule against perpetuities IF they could possibly exercised outside the time period of the rule.

43
Q

Charity to Charity Exception

A

If the future interest shifts possession from one charity to another charity then the rule doesn’t apply.
So O conveys to Blackacre to church so long as premsis are used for church purposes, but if they are not then to boy scouts.
although the interest might vest after time period it is still allowed.

BOTH must be charities.

44
Q

Class gifts and rule of perpetuitites

A

Age contingency beyond 21 is an open class and the rule against perpetuities: when class is open and gift over is contingent on class member reaching a certain age.
If age contingency beyond 21, conveyance loses its link to a life in being.
Fertile Octogenarian Rule: a person is always able to have kids no matter how old or medical issues.

45
Q

One loses, all loses

A

If class gift. If Rle against perpetuities operates to void the gift over to any member of the class, then all member of the class lose.

46
Q

Creating A Joint Tenancy

A

To create the four unities must be present. TTIP
• Time: all interested must have vested at the same time
• Title: the grant to all JT must be by the same instrument
• Interest: all JT must take same kind and Same amount of interest
• Possession: All JT must have same identical rights of possession.
The language of the conveyance must clearly reflect grantor’s intent to create a joint tenancy.
Magic words: “as joint tenants, with right of survivorship” or “jointly with right of survivorship”, survivorship must be included.

47
Q

Partition of joint tenancy voluntary termination

A

Voluntary: If any JT want s out of common tenancy, can ask for property to be partitioned.
Can be by voluntary agreement or judicial action.

48
Q

Severance: Involuntary termination of JT

A

Whenever one of the four unities is disturbed. BUT cannot be severed by will.
Only severed as to part disturbed.
• Sale: disturbs, time, title.
• Mortgage: Maj. does not disturb unities. (lien theory). Min. Title theory does.
• K of sale: severance occurs on K, because of the doctrine of equitable conversion.
• Creditor’s Sale of the interest in JT: no severance before judicial sale.

49
Q

Tenancy in Common

A

Only One unity, unity of possession. Each coT is entitled to possess the property.
Modern presumption is in favor of the Tenancy in Common.
Freely alienable, coT can do what he wants with it.

Any CoT can force partition.
NO right of survivorship

50
Q

Tenancy By the Entirety

A 
The four unities PLUS Marriage
Right of survivorship
NO right of partition
it is NOT severable by the unilateral act of one of the co T. 
Termination of Tenancy by entity
•	Death 
•	Mutual agreement in writing
•	divorce
•	Execution by a joint creditor
Becomes TIC
51
Q

Incident of co-ownership:Possession

A

Each CoT has right to possess the whole of the property

52
Q

Incidents of co-ownership: accountability

A

Co. T does not have to account to other Co.T for profits
BUT four exceptions
• Ouster: Accounting is required if one co-tenant is either keeping a co-tenant off the property; or claiming a right of exclusive possession
• Agreement to share
• Lease of the property by a co-tenant to third party
• depletion of natural resources

53
Q

Incidents to co-ownership: Contribution

A

Contribution is the right of one co T to pay their fair share of some expenditure made on the property.
it all depends on the type of expenditure.
• Improvements: NO contribution
• Repairs: YES BUT only if Necessary repairs
• Paying the Mortgage: is signed by all cots
• Paying taxes: contribution is required towards all gov. obligations (property taxes, assessments for curbs, streets, sewers etc.)

54
Q

Landlord-Tenant Estates

A
  • Estate for Years or Tenancy for years
  • Period Tenancy
  • Tenancy at Will
  • Tenancy at Sufferance
55
Q

Tenancy for Years

A

Specified Time:
• Must have a definite beginning date
• Definite ending date
Any estate measured by a Fixed period of time no matter how short is a Tenancy for years

NOTE: SoF: any tenancy for years over one year must be in writing

NOTICE is NOT required.

56
Q

Periodic Tenancy

A

Estate rolls on and on until one party gives proper notice

Ohio Bar exam (6 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions