Property Flashcards
fee simple absolute
own property, 100%, forever
life estate
conveyance for life, has rights while alive, but NO WASTE
grantor
reversion
life tenant responsibilities
MUST pay interest and taxes
remainder
comes after life estate
vested remainder
you just get it, automatically get it, nothing stops you
Contingent Remainder
something must happen to get it
Vested Remainder Subject to Open (partial divestment
classes of people
Vested Remainder Subject to Total Divestment
then to but something can happen that will wipe out interest
Fee Simple Determination
SO LONG AS// AS LONG AS
Possibility of Reverter
grantor gets it back automatically
Fee Simple Subject to Condition Subsequent
“BUT IF” condition
Right of Re-entry
Grantor must do something to re-enter
Rule Against Perpetuities
interest must vest within 21 years in the life in being
Questions to ask if RAPs?
Could you get it within 21 years? Maybe? Not RAP. Not sure, NO. DON’T DO THE MATH
Executory Interest
violated RAPS, If property goes to someone else not grantor, violates RAPS, VOID interest
Joint Tenancy
right of survivorship
Conveying interest in Joint Tenancy
severs joint-tenancy into tenancy in Common, present conveyance
Joint-Tenancy vs Will
Right of survivorship wins over the will
One Joint Tenant Has a Debt
dies with persona, debt not with other Joint-Tenant
Tenancy in Common
no right of survivorship
Tenancy by the Entirety
joint-tenancy between married people, right of survivorship, ones spouse may not convey w/o other spouses’ consent. Severed by DIVORCE
Right of a Tenant
i. Each tenant has right to whole property unless ouster
Ouster
someone got kicked off