Property Flashcards
Fee simple absolute
“To A”
Devisable, descendible, alienable
No future interest
Fee tail (VIRTUALLY NEVER TESTED)
“To A and the heirs of his body”
Passes automatically to grantee’s lineal descendants
Future interest: reversion (if held by grantor); remainder (if held by third party)
Fee simple determinable (NY: fee on limitation)
“To A so long as,” “To A until,”
Alienable, devisable, descendible, subject to condition
Future interest: possibility of reverter (held by grantor)
Fee simple subject to condition subsequent (NY: fee on condition)
“To A, but if X happens, grantor reserves right to reenter and retake”
Alienable, devisable, descendible, subject to condition
Future interest: Right of entry/power of termination (held by grantor)
Fee simple subject to an executory limitation
“To A, but if X occurs, then to B”
Alienable, devisable, descendible, subject to condition
Future interest: shifting executory interest (held by third party)
Life estate
“To A for life” or “To A for life of B”
Alienable, devisable, and descendible if pur autre vie and measuring life is still alive
Future interest: reversion (if held by grantor); remainder (if held by third party)
Definition of devisable:
can it pass by will?
Definition of descendible:
will it pass by the statutes of intestacy if its holder dies intestate (without a will)?
Definition of alienable:
is it transferable inter vivos (during holder’s lifetime)?
Fee simple subjet to condition subsequent: language
Grantor must use clear durational language and carve out the right to re-enter (“To A, but if X occurs, grantor reserves right to reenter and retake”
Defeasible fee requires clear DURATIONAL language
Words of desire, hope, intention are insufficient to create a defeasible fee
General rule on absolute restraints on alienation
VOID. Absolute restraint on alienation is an absolute bar on the power to sell or transfer that is not linked to any reasonable time limdited purpose.
Definition of life estate pur autre vie:
Life estate measured by a life other than the grantee’s
“To A for the life of B”
LIfe estate doctrine of waste: general rule
life tenant must not commit waste (must not do anything to hurt the future interest holders)
General rule of voluntary waste and natural resources:
Life tenant must not consume or exploit natural resources on the property, unless exceptions apply
Exceptions to the general rule of life tenant and voluntary waste: (PURGE)
PU: prior use (life tenant may continue to exploit land if land was exploited before the grant)
R: repairs. Life tenant may consume natural resources for repairs and maintenance
G: grants. Life tenant may exploit if granted the right
E: exploitation (land is suitable ONLY to exploit)
General rule of permissive waste: when land falls into disrepair
Life tenant must maintain the premises in reasonably good repair
Must pay all ordinary taxes on the land to the extent of income from the land (or premises’ fair market value)
General rule of ameliorative waste (MBE)
Life tenant must not engage in acts that will enhance the property’s value, unless all future interestholders are known and consent
General rule of ameliorative waste (NY):
Life tenant may make reasonable improvements unless remaindermen object
3 future interests capable of creation in the grantor:
- possibility of reverter (only fee simple determinable)
- right of entry / power of termination: only fee simple subject to condition subsequent
- reversion
A remainder is VESTED if:
it is both created in an ascertained person and is not subject to any condition
A remainder is CONTINGENT if:
it is created in an unascertained person or is subject to a condition precedent (“To A for life, then to B’s first child”)
When the condition precedent occurs, a contingent remainder automatically transforms into:
an indefeasibly vested remainder
Contingent remainders: if grantor dies before condition precedent occurs,
remainderman still has springing executory interest