Real Property

Question 1

Defeasible fees and their future interests

Answer 1

Fee simple determinable—possibility of reverter

Fee simple subject to a condition subsequent— right of entry

Fee simple subject to executory interest—executory interest

Life estate— reversion

Question 2

Affirmative waste

Answer 2

Waste caused by voluntary conduct, which causes a decrease in value

Question 3

Permissive waste

Answer 3

Waste caused by neglect toward the property, which causes a decrease in value.

Question 4

Ameliorative waste

Answer 4

Special situation where a life tenant or other person in possession changes the property and actually increases the value of the property.

Question 5

Rule against perpetuities applies to what?

Answer 5

Contingent remainders
Executory interests
Class gifts subject to open

Question 6

Vested remainder requirements

Answer 6

1. Given to an ascertained grantee and
2. Not subject to a condition precedent

Ex: o conveys blackacre to Anna for life then to Ben.

If holder of a vested remainder dies, interest passes to the holders heirs

Question 7

4 unities for joint tenancy (PITT)

Answer 7

Possession
Interest
Time
Title

Question 8

Constructive eviction elements

Answer 8

Premises were unusable for intended purpose

Tenant notifies landlord of problem

Landlord does not correct problem and

Tenant vacates premises after reasonable time has passed