Tricky MBE Questions Flashcards
Does condemnation of a property leased by a tenant entitle the tenant to a share of the landlord’s condemnation award?
Yes, to the extent that the tenant’s rights are affected by the condemnation.
A fee simple owner of a restaurant provided in his will that the property should go on his death “in fee simple to my friend, but if during my friend’s lifetime my son has children and those children are alive when my friend dies, then to said living children.” When the owner died, the friend took over the restaurant.
Does this conveyance violate RAP?
No. RAP not violated.
RAP: certain future interests must vest, if at all, within 21 years after the end of a life in being at the creation of the future interest.
For wills, the perpetuities period begins upon the testator’s death. This means that at that time, the life in being, the measuring life, MUST be in existence. It does not mean that 21 years starts counting after the death of the testator.
Here, the future interest holder is the living children. The measuring life is the friend, because he must die for the interest to vest. Upon the testator’s death, the friend is alive, so the measuring life is in existence at the start of the perpetuities period. After the friend dies, the children’s interests vests right away, so the interest definitely vests within 21 years of the end of the measuring life. Valid conveyance.
