Property Lecture 1

Question 1

what does devisable mean?

Answer 1

capable of passing by will

Question 2

what does descendible mean?

Answer 2

property will pass by the statutes of intestacy if its holder dies intestate

Question 3

what does alienable mean?

Answer 3

property is transferable inter vivos

Question 4

what language creates the fee simple absolute?

Answer 4

“to A” or “to A and his heirs”

Question 5

what are the characteristics of the fee simple absolute?

Answer 5

Absolute ownership of potentially infinite duration. It is freely devisable, descendable and alienable

Question 6

Does a fee simple absolute have an accompanying future interest?

Answer 6

no

Question 7

what language creates a fee tail?

Answer 7

“to A and the heirs of his body”

Question 8

who does a fee tail pass to?

Answer 8

the grantee’s lineal blood descendants

Question 9

are fee tails used any more?

Answer 9

no, they have been virtually abolished. The attempted creation of a fee tail creates instead a fee simple absolute

Question 10

what is the accompanying future interest to a fee tail?

Answer 10

if it is in the grantor, it is a reversion. If it is in a 3P, it is a remainder

Question 11

what are defeasible fees?

Answer 11

they are fee simples w/ a catch

Question 12

what language creates a fee simple determinable?

Answer 12

“for so long as” “to A until”

Question 13

what must a grantor do to create a fee simple determinable?

Answer 13

use clear durational langugage

Question 14

what happens if the stated condition in a fee simple determinable is violated?

Answer 14

forfeiture is automatic

Question 15

is the condition stated in the fee simple determinable devisable, descendable, and alienable?

Answer 15

yes, but the property interest is always subject to the condition

Question 16

what is the accompanying future interest of a fee simple determinable?

Answer 16

possibility of reverter (frank sinatra didn’t prefer orville redenbacher)

Question 17

what language creates a fee simple subject to condition subsequent?

Answer 17

“To A, but if event occurs, grantor reserves the right to re-enter and retake”

Question 18

what requirements must a grantor meet in order to ensure a fee simple subject to condition subsequent is created?

Answer 18

1. use clear and durational language

2. state the right to reenter

Question 19

what is the accompanying future interest in a fee simple subject to condition subsequent?

Answer 19

the right of entry (synonymous w/ the power of termination)

Question 20

what language is used to create a fee simple subject to executory limitation?

Answer 20

“To A, but if X event occurs, then to B”

Question 21

what happens if the condition in a fee simple subject to executory limitation is violated?

Answer 21

the estate is automatically forfeited in favor of someone other than the grantor

Question 22

what is the accompanying future interest for a fee simple subject to executory limitation?

Answer 22

shifting executory interest

Question 23

what type of words are insufficient to create a defeasible fee?

Answer 23

words of mere desire, hope, or intention

Question 24

in terms of imposing conditions of land transfers, and creating defeasible fess, an absolute restraint on alienation is…

Answer 24

void (unless the ban is for a reasonable time limited purpose)

Question 25

what language creates a life estate?

Answer 25

“To A for life”

Question 26

what is the name of a holder of a life estate?

Answer 26

the life tenant

Question 27

what interest does the grantor have in a life estate?

Answer 27

a reversion

Question 28

what is a life estate our auto view?

Answer 28

a life estate for the life of another (is where a life estate is measured by a life other than the grantee’s) ex. “To A for the life of B”

Question 29

what 2 rules must a life tenant in a life estate follow?

Answer 29

1. the life tenant is entitled to all ordinary uses and profits from the land
2. the life tenant must not commit waste (i..e. harm the future interest holders)

Question 30

what are the 3 types of waste?

Answer 30

1. voluntary or affirmative waster (overt conduct that causes a drop in value)
   Exception: PURGE
2. permissive waste AKA neglect (life tenant must maintain the premises in reasonably good repair)
3. ameliorative waste (the life tenant must not engage in acts that will enhance the property’s value unless all future interest holders are known and consent)

Question 31

what are the 4 instances where a life tenant can commit waste?

Answer 31

PURGE

1. Prior use, meaning that prior to the grant, the land was used for exploitation
2. Repairs: life tenant can use natural resources for repairs and maintenance
3. granted: the life tenant may exploit if granted that right
4. exploitation: meaning this land is suitable only for exploitation

Question 32

what is the open mines doctrine?

Answer 32

an exception to ban on waste for a life tenant–If mining was done on the land before the life estate began, the life tenant may continue to mine, but is limited to the mines already open

Question 33

what is the life estate’s accompanying future interest?

Answer 33

if in O, it’s a reversion

if in a 3P, it’s a remainder

Question 34

definition of reversion

Answer 34

A reversion is the future interest that arises in a grantor who transfers an estate of lesser quantum that she started with, other than a fee simple determinable or a fee simple subject to condition subsequent

Question 35

what are the 3 future interests that are held by someone who is not the grantor?

Answer 35

1. vested remainder
2. contingent remainder
3. executory interest

Question 36

what is a vested remainder?

Answer 36

There are 3 species: (i) the indefeasible vested remainder, (ii) the vested remainder subject to complete defeasance, (iii) the vested remainder subject to open

Question 37

what are the 2 species of executory interest?

Answer 37

(i) shifting

(ii) springing

Question 38

what is a remainder?

Answer 38

A remainder is a future interest created in a grantee that is capable of becoming possessory upon the expiration of a prior possessory estate created in the same conveyance in which the remainder is created (accompanies a life estate or term of years)

Question 39

what future interest never follows a defeasible fee?

Answer 39

a remainder (social and polite)

Question 40

when is a remainder vested?

Answer 40

when it is BOTH created in an ascertained person and is not subject to any condition precedent

Question 41

when is a remainder contingent?

Answer 41

if it is created in an unascertained person or is subject to a condition precedent or both

Question 42

what is the rule of destructibility of contingent remainders?

Answer 42

At CL, a contingent remainder was destroyed if it was still contingent at the time the preceding estate ended.

Ex. To A for life, and if B has reached the age of 21, to B. Now, A has died, leaving behind B, who is still only 19.

B’s contingent remainder would be destroyed. So O or O’s heirs would take in fee simple absolute.

Question 43

does the destructibility rule exist today?

Answer 43

no

Question 44

what happens in the rule in Shelley’s case?

Answer 44

historically: the present and future interests merge
today: abolished: creates a life estate, a contingent remainder for the heirs, and a reversion in O

Question 45

when does the doctrine of worthier title apply?

Answer 45

When O, who is alive, tries to create a future interest in his heirs

Ex. O, who is alive, conveys “to A fore life, then to O’s heirs”

If doctrine did not apply, the result would be: A has a Life estate and O’s heirs have a contingent remainder b/c O is still alive and a living person has no heirs

W/ Doctrine, the result is: the contingent remainder in O’s heirs is void. A has a life estate and O has reversion.

(note: Grantor’s intent controls. If grantor clearly intends to create a contingent remainder in heirs, that intent is honored)

Question 46

what is an indefeasible vested remainder?

Answer 46

The holder of this remainder is certain to acquire an estate in the future w/ no strings attached

Ex. “To A for life, remainder to B.” A is alive. B is alive.

Question 47

a condition precendent, in terms of a remainder, creates what?

Answer 47

contingent remainder

Question 48

a condition subsequent, in terms of a remainder, creates what?

Answer 48

a vested remainder subject to complete defeasance

Question 49

definition of a vested remainder subject to open

Answer 49

a remainder is vested in a group of takers, at least one of whom is qualified to take.

Note: each class member’s share is subject to partial diminution b/c additional members can still join

Question 50

when does a class of people close?

Answer 50

Common law rule of convenience: the class closes whenever any member can demand possession

Question 51

what is an executory interest?

Answer 51

It is a future interest created in a transferee (3P) which is not a remainder and which takes effect by either cutting short some interest in another person (shifting) or in the grantor or his heirs (springing)

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

Question 52

what is an example of a springing executory interest?

Answer 52

O conveys: “To A, if and when he marries.” A is unmarried.

Question 53

what is the basic rule for the RAP?

Answer 53

Certain kinds of future interests are void if there is any possibility, however remote, that the given interest may vest more than 21 years after the death of a measuring life

Question 54

What are the 4 steps in assessing a RAP problem?

Answer 54

1. Determine which future interests have been created by the conveyance
2. ID the conditions precedent to the vesting of the suspect future interest
3. Find a measuring life. Look for a person alive at the date of the conveyance and ask whether that person’s life or death is relevant to the condition’s occurrence
4. Ask: will we know, with certainty, within 21 years of the death of the measuring life, if the future interest holders can or cannot take?
   if yes, the conveyance is good
   if no, the future interest is void

Question 55

what are the 3 future interests that may have a RAP problem?

Answer 55

1. contingent remainders
2. executory interests
3. certain vested remainders subject to open

Question 56

what are the 2 bright line rules for RAP?

Answer 56

1. A gift to an open class that is conditioned on the members surviving to an age beyond 21 violates the common law RAP.
2. Many shifting executory interests violate the RAP. An executory interest with no limit on the time within which it must vest violates the RAP.

Question 57

what are the requirements for a valid deed?

Answer 57

Deed must:

1. be in writing
2. sufficiently describe the land
3. identify the grantor and grantee
4. evidence an intention to convey the land and
5. be signed by the grantor