Property Day 1

Question 1

accompanying future interest in FSA?

Answer 1

No.

Maybe “heirs apparent,” but a living person has no heirs.

Question 2

what does the attempted creation of a fee tail actually create today?

Answer 2

FSA

Question 3

what language is necessary for an FSD?

Answer 3

clear durational language

Question 4

Paul conveys Blackacre to Ringo so long as the premises are used as a recording studio. Ringo has?

Answer 4

FSD

Question 5

future interest accompanying an FSD

Answer 5

possibility of reverter

Question 6

“To A, but if X event occurs, grantor reserves the right to re-enter and retake.” What fee?

Answer 6

Fee simple subject to condition subsequent

Question 7

future interest accompanying a fee simple subject to condition subsequent

Answer 7

right of entry

Question 8

“To A, but if X event occurs, then to B.” What fee?

Answer 8

fee simple subject to executory limitation

Question 9

“To B, but if B ever performs music on the premises, then to M.” What do B and M have?

Answer 9

B: FS subject to M’s shifting executory interest

M: shifting executory interest

Question 10

What makes FS subject to executory limitation different from FSD?

Answer 10

FSD would revert to grantor; FS subject to executory limitation would go on to a new grantee.

Question 11

future interest accompanying a FS subject to executory limitation?

Answer 11

shifting executory interest

Question 12

Do words of desire, hope, or intention create a defeasible fee?

Answer 12

no

Question 13

Impact of absolute restraints on alienation?

Answer 13

void

Question 14

O to A so long as she never attempts to sell.

Who has what?

Answer 14

A: FSA

O: nothing

(“so long” = void for absolute restraint on alienation)

Question 15

O to A so long as she does not attempt to sell until the year 2015, when clouds on the title will be resolved.

Who has what?

Answer 15

A: FSD

O: POR

(restraint linked to a reasonable, time limited purpose, so not void b/c not an absolute restraint on alienation)

Question 16

O to A for life. Who has what?

Answer 16

A: life estate

O: reversion

Question 17

O to A, for the life of B. Who has what?

Answer 17

A: LE PAV

O: reversion

Question 18

O to M for life.
M conveys her estate to D.

Who has what?

Answer 18

D: LE PAV (measuring life is M’s)

O: reversion

Question 19

Life tenant’s entitlement?

Answer 19

ordinary uses and profits from the land

Question 20

Life tenant must not ___.

Answer 20

commit waste

Question 21

three types of waste

Answer 21

voluntary/affirmative (overt conduct decreasing value)

permissive/neglect (land allowed to fall into disrepair)

ameliorative (enhancing value without consent of all interest owners; honors sentimental value)

Question 22

when is a remainder vested?

Answer 22

created in an ascertained person

AND

not subject to any condition precedent

Question 23

when is a remainder contingent?

Answer 23

created in an unascertained person

and/or

subject to condition precedent

Question 24

To A for life, then to B’s first child. A is alive. B has no children.

Remainder vested or contingent?

Answer 24

contingent

Question 25

To A for life, then to B’s heirs.

Remainder vested or contingent?

Answer 25

contingent

B’s heirs are not yet knowable

Question 26

O to A for life, then, if B graduates from college, to B.

Who has what?

Answer 26

B: CR

O: reversion (if B never graduates, O or O’s heirs take)

Question 27

O to A for life, then, if B graduates from college, to B. B graduates in A’s lifetime.

Who has what?

Answer 27

A: LE

B: indefeasibly vested remainder

Question 28

historical sentiment toward contingent remainders?

Answer 28

detested

Question 29

O to A for life, and if B has reached the age of 21, to B. A dies while B is still less than 21.

Post-abolishment of the Destructibility Rule, who has what?

Answer 29

O/O’s heirs hold

B: springing executory interest, which is attained as FSA once B is 21

Question 30

O to A for life, then to A’s heirs

What would the Rule in Shelley’s Case say?

Answer 30

present and future interests merge, so A has FSA

Question 31

present state of Rule in Shelley’s Case?

Answer 31

virtually abolished

Question 32

when does the doctrine of worthier title apply?

Answer 32

when a grantor tries to create future interest in his heirs

Question 33

O (who is alive) to A for life, then to O’s heirs

apply doctrine of worthier title. who has what?

Answer 33

A: LE

O: reversion

O’s heirs: didly squat

Question 34

What does the doctrine of worthier title say to a grantor’s clear intent to create a contingent remainder in his heirs?

Answer 34

Grantor’s intent controls.

Doctrine of Worthier Title is a rule of construction, not a rule of law.

Question 35

when is a class open?

Answer 35

when others can still join

Question 36

when is a class closed?

Answer 36

once no others can join

Question 37

common law rule of convenience

Answer 37

a class closes when any member can gain possession

Question 38

O to A for life, then to B’s children.

A is alive. B has two children, C and D.

When does the class close?

Answer 38

At B’s death

According to rule of convenience, at A’s death, regardless whether B is still alive, b/c that’s when B and C can demand possession. (Exception: if B is pregnant when A dies, child in utero has an interest alongside C and D.)

Question 39

womb rule

Answer 39

rule of convenience allows for an heir in utero at time of class closing to be included in the class

Question 40

O to A and her heirs, but if B returns from Canada sometime next year, to B and his heirs.

Who has what?

Answer 40

B: shifting executory interest

A: FS subject to B’s shifting executory interest

Question 41

O to A and her heirs, but if B returns from Canada sometime next year, to B and his heirs.

Does RAP apply?

Answer 41

No, because of the one-year limit. No issue of perpetuity.