Property MBE-ES

Question 1

Fee Simple Absolute

Answer 1

“O to A”
No future interest
No future interest in 3rd party grantee

Question 2

Fee Simple Determinable

Answer 2

“as long as”, “so long as” “while” “during” “until”
Future Interest: Possibility of Reverter
No FI in 3rd Party Grantee

Question 3

Fee Simple subject to condition subsequent

Answer 3

“but if” “upon condition that” “provided however that
FI-
Right of Re-entry (aka power of termination)- not transferable inter vivos
Not automatic, grantor must exercise ROR

Question 4

Fee simple determinable subject to executory interest

Answer 4

FI in Grantor- None
FI in 3rd party
Shifting EI- Title goes from one grantee to another grantee
Springing EI- Title goes from grantor to granteek

Question 5

Life Estate

Answer 5

“O to A for life”
FI- Reversion- Transferrable
FI In 3rd party- Contingent or Vested

Question 6

Fee Simple Determinable

Answer 6

When magic event occurs, FSD automatically comes to an end and passes to the next grantee(or if there is none, it’s void under RAP it reverts to the original grantor or whoever conveyed it to

Question 7

Fee Simple Subject to Condition Precedent

Answer 7

When magic event occurs, there must be an ejectment by someone with power to do so

Question 8

Fee Simple Subject to Executory Interest

Answer 8

Executory Interest Cuts short the fee simple interest when the magic event happens

Question 9

LIfe Estate

Answer 9

Never measured by time, only by life. Can be by implication
Are alienable and Descendible
Life estates can be leased, mortgaged, conveyed, and burdened by easements

Question 10

Voluntary Waste

Answer 10

affirmative action beyond right of maintenance causing harm to premises

Question 11

Permissive waste

Answer 11

failure to maintain (duty to repair taxes and interest)

Question 12

Ameliorative waste

Answer 12

affirmative act alters to property substantially but increases value. Only allowed if change conditions have made property relatively worthless in its current use

Question 13

Class gifts

Answer 13

members of a class who predecease the T are eliminated and do not recover bc their gift lapses. Once class is established, and will is executed, class stays open to accomodate those who later meet the definition of class member

Question 14

Vested Reaminder

Answer 14

Vested Remainder: Nothing in the way of interest becoming possessory

Question 15

Vested Remainder subject to Open

Answer 15

Remainder is to a class

Question 16

Vested Remainder subject to an Executory Interest

Answer 16

….

Question 17

Contingent Remainders

Answer 17

…..

Question 18

RAP

Answer 18

“No interest is good unless it must vest, if at all, not later than 21 years after some life in being at the creation of the interest.
Ask: Could everyone alive at the time of the grant die, and 21 years pass, before the interest might vest? IF SO IT IS VOID

Question 19

RAP applies to:

Answer 19

Contingent Remainders
Executory Interests
Vested Remainders subject to open(class gifts)

Question 20

RAP doesn’t apply to:

Answer 20

Interests retained by the original grantor of a Life eestate
FSD (possibility of reverter) or
FSSCS (right of re-entry
Non-Fee Interests Such as leases