Freehold Estates

Question 1

Can a tenancy in entirety be severed?

If so, how?

Answer 1

yes but only by

1. divorce
2. death
3. creditor
4. mutual agreement

Question 2

what the types of a grantor’s future interests? and what types of possessory interests do they follow?

Answer 2

FSD - possibility of reverter
FSSCS - right of reentry
life estate - reversion

Question 3

what are a life tenant’s duties?

Answer 3

• maintain property,
• pay property taxes to the extent of rents received or FMV if occupying,
• pay mortgage interest

Question 4

what is the future interest in FSD?

Answer 4

poss of reverter

Question 5

what is the FI for FSSCS?

Answer 5

right of entry

Question 6

what types of conditions are invalid?

Answer 6

public policy, divorce, penalize marriage

Question 7

what are life tenant duties?

Answer 7

not to commit waste
pay mortgage interest
pay property tax up to rents received or FMV if tenant is occupying

Question 8

what kind of waste is allowed for a LT?

Answer 8

PURGE
prior use
necessary for Repair
explicit/implicit GRANT to exploit
Exploitation

Question 9

is the destructabilty of contingent remainders still followed? what it is?

Answer 9

no - destroys contigent remainder when preceding estate ends (e.g., LE grantee dies before condition happens)

Question 10

what is shelley’s rule? do most states follow it?

Answer 10

abolishes heir’s interest following grantee’s LE

no

Question 11

what is the doctrine of worthier titele? do most states follow it?

Answer 11

blckes remainder in grantor’s heirs; creates reversion in grantor
no

Question 12

to what estates and interests does RAP apply? does it apply to grantor’s future interest?

Answer 12

FSSEI, EI
VR subject to open
Contingent Remaidner
Right of First Refusal (unless part of lease)
Option to Buy (unless part of lease and it must be exercised during lease)
charity gifts

no

Question 13

what is RAP

Answer 13

an interest is valid ONLY if it must vest or fail to vest within 21 years of a measuring life in being

Question 14

what are the unities required for JT?

Answer 14

P ossession - equal right to poss
I nterest - identical interest
T itle (instrument) - created by same instrr
T ime take at the same time

Question 15

what are the unities required for TIC?

Answer 15

possession

Question 16

what is the default tenancy? what is required to create the other?

Answer 16

TIC

clear language demonstrating intent to create JTROS

Question 17

what are the types of restrain on alienation? are any void?

Answer 17

○ Disabling restraint: A disabling restraint is a prohibition on the transfer of the property interest by its owner. Such a restraint is always void.
○ Forfeiture restraint: A forfeiture restraint effects the loss of property (i.e., the property is forfeited) if the interest owner attempts to transfer his interest. Such a restraint on a future interest or a life estate can be valid.
Promissory restraint: A promissory restraint is a promise by the property interest holder not to transfer the property interest. Such a restraint is enforceable by an injunction against the transferor/promisor to prevent the transfer or by a suit seeking damages from the transferor/promisor for having violated the promise. Such a restraint on a life estate can be valid.

Question 18

what is a CT’s right to profit?

Answer 18

entitled to 3P rent and profit from land in propor

profits belong to CT if by own efforts

Question 19

what is a CT’s right to onribution?

Answer 19

taxes, mortgages, and necessary repairs shared in propor

Question 20

what is the open and notorious element of AP? the hostile?

Answer 20

ON - in such a way to put true owner on notice

H - against true owner’s intent

Question 21

when might the statutory period for AP be tolled?

Answer 21

disability that exists at time of entry

Question 22

what the elements in considering whether a fixture goes with the property?

Answer 22

objective test

• significance/designed for the property: nature, mnanner of attach
• appropriate for use on the property/impt for the property
• damage that would cause in removal