Estates - Hypos Flashcards
(17 cards)
To A
A = Fee Simple VIP
To Bernard for life, then to Kate
Bernard = Life Estate VIP Kate = VIN Fee Simple remainder
Bernard has an income interest, Kate has a capital interest.
A cannot commit tort of waste.
To X for the life of Y
X = Life Estate VIP Y = Cestui que vie Estate = VIN reverter
X has an income interest, the estate has a capital interest.
X cannot commit the tort of waste.
To Dave for the life of Hamlet, then to Cali and her heirs
Dave = Life estate VIP Hamlet = Cestui que vie Cali = VIN fee simple remainder
income/capital interests
no tort of waste
To A for the life of B, but A dies before B?
A = life estate VIP B = cestui que vie
A’s heirs inherit the life estate, for the life of B, then reverts to the grantor’s estate
To A for life
A has a pur sa vie life estate vested in possession. After A dies the estate has a vested in interest fee simple reversion.
To Monica for life, then to Erin for life, then to Jessie.
Monica gets a life estate vested in possession.
Erin gets a life estate vested in interest.
Jessie gets a fee simple remainder, vested in interest.
To A, but if A ever attends Schulich, my estate may re-enter.
Words of condition = defeasible conditions subseqeunt.
A gets a fee simple vested in possession, conditioned by a deafeasible condition subsequent, with a contingent right of re-entry favouring the grantor.
To Anthony, for so long as Anthony has his primary residence in Nova Scotia
Words of duration = determinable limitation.
Anthony gets a determinable fee simple vested in possession, conditioned by a determinable limitation with a vested in interest possibility of reverter favouring the grantor.
To the Animal Rescue League, on the condition that they never kill any parrots.
Words of limitation = defeasible conditions subsequent
The ARL gets a defeasible fee simple vested in possessino, conditioned by a deafeasible condition subsequent with a conditional right of re-entry favouring the grantor.
To A, but if the land is ever used as a golf course, the land will come back to me.
Words of condition = defeasible conditions subsequent
A gets a defeasible fee simple, vested in possession, conditioned by defeasible conditions subsequent with a conditional right of re-entry favouring the grantor.
P grants to B for life, and after B’s death to B’s hears
Life estate and Fee simple favouring the same person, so Shelly’s rule collapses this into a fee simple vested in possession favouring B
To A for life, then to B for as long as B remains sober.
A gets a life estate vested in possession.
Words of duration = determinable limitation.
B gets a determinable free simple, vested in interest, with a vested in interest possibility of reverter favouring the grantor.
A has an income interest, B has a capital interest. A may not commit the tort of waste.
To Brenda for life, then to Brenda’s children
Shelly’s rule does not apply because the benefitting group is more specific than ‘heirs’.
Brenda has a pue sa vie life estate, vested in possession.
The children have a fee simple remainder, vested in interest.
In a will: To Brian for life, then to Oliver when he learns to drive. Brian is the sole surviving heir.
Words of acquisition = conditions precedent.
Brian gets a pur sa vie life estate, vested in possession.
Oliver has a contingent fee simple remainder, conditioned by conditions precedent.
If Oliver doesn’t learn to drive before Brain dies, then the grant fails under remainder rule 2 (no gaps in seisin).
Brian would have a vested in interest possibility of reverter, and because he has no heirs his property escheats to the crown under s 2 of the Escheats Act.
To A for life as long as the land is used for farming, and thereafter to B
Words of duration - determinable limitation.
A gets a contingent life estate vested in possession, conditioned by a determinable limitation with a vested in interest possibility of fee simple remainder favouring B or reversion.
My family home to Brenda for life on the condition that she remain a teacher, thereafter to Hefty.
I will make both unimpeachable for waste.
Words of condition = defeasible condition subsequent.
Brenda gets a pur sa vie life estate, vested in possession, conditioned by defeasible conditions subsequent with a conditional right of re-entry with a possibility of remainder favouring Hefty.
This contingent right can be assigned under s 27(1) of the Real Property act, and by common law interpretation of the Wills Act.
They can commit ameliorative, permissive, and equitable waste, but not voluntary.
