Ch6: RAP Violations

Question 1

Oliver conveys “To Anna for life, then to Anna’s first child who reaches the age of 22.” Does this violate RAP? If yes, what is striked and what is everyone left with?

Answer 1

1. It does violate RAP b/c it is possible for the contingent remainder in Anna’s first child to vest more than 21 years after Anna’s life
2. “then to Anna’s first child who reaches the age of 22” is STRIKED
3. Anna has a life estate; Annas first child has nothing; Oliver has a reversion

Question 2

Oliver conveys “To Anna so long as the property is used as a farm, then to Ben.” Does this violate RAP? If yes, what is striked and what is everyone left with?

Answer 2

1. This does violate RAP b/c it is possible that Ben’s executory interest will vest more than 21 years after Anna’s or Ben’s death (everyone can die and the property would still keep going)
2. “then to Ben” is striked
3. Anna has a fee simple determinable; ben has nothing; Oliver has a possibility of reverter

Question 3

Oliver conveys “to my grandchildren who reach 21.” Oliver has 2 children, A and B, and 3 grandchildren under 21. Does this violate RAP? If yes, what is striked and what is everyone left with?

Answer 3

1. It does violate RAP b/c it possible Oliver could have another child who gives birth after everyone dies
2. “Oliver conveys to my grandchildren who reach 21” - full thing is striked
3. Grandchildren get nothing; Oliver has fee simple absolute (key fact is Oliver is alive b/c living people breed)

Question 4

if there is a RAP violation, what do we do?

Answer 4

We strike out the violating interest, as if the interest was never created in the first place