estates in land

Question 1

fee simple determinable

Answer 1

property automatically reverts back to grantor upon the happening of a given event

Question 2

fee simple determinable future interest

Answer 2

possibility of reverter (retained by grantor)

Question 3

fee simple subject to condition subsequent

Answer 3

grantor retains power to terminate grantee’s estate; grantor must take action (not automatic)

Question 4

FSSCS future interest

Answer 4

right of reentry (retained by grantor)

Question 5

fee simple subject to an executory interest

Answer 5

property automatically transfers to a third party upon the happening of a given event

Question 6

FSSEI future interest

Answer 6

shifting executory interest

Question 7

life estate

Answer 7

interest that lasts only for the life of the interest holder

Question 8

life estate future interest

Answer 8

reversion or remainder

Question 9

reversion

Answer 9

future interest in grantor when a life estate does not provide for disposition of property to a third party

Question 10

remainder

Answer 10

future interest following a life estate that identifies a third person; expressly granted and freely transferable

Question 11

life estate pur autre vie

Answer 11

a life estate measured by the life of someone other than the life tenant

Question 12

doctrine of waste

Answer 12

a life tenant cannot commit acts that constitute an unreasonable use of land and/or injure the interests of a future interest-holder

Question 13

types of waste

Answer 13

1) affirmative (voluntary) waste
2) permissive waste
3) ameliorative waste

Question 14

affirmative (voluntary) waste

Answer 14

life tenant cannot consume/exploit natural resources on the land except:
1) where necessary for repairs/maintenance
2) when grant expressly gives right to exploit, or
3) if land was used for exploitation of resources prior to the grant

Question 15

permissive waste

Answer 15

harm to property due to life tenant neglect; LT has a duty to repair/maintain property up to the extent of income/profits derived from land or its rental value

Question 16

ameliorative waste

Answer 16

LT acts that economically benefit the land; prohibited under common law but now usually permitted in most modern jdxs

Question 17

categories of vested remainders

Answer 17

1) indefeasibly vested remainders
2) vested remainder subject to total divestment
3) vested remainder subject to open

Question 18

vested remainder

Answer 18

a remainder that automatically becomes possessory upon the natural expiration of the preceding estate; cannot be subject to a condition precedent or vest in an unknown person

Question 19

indefeasibly vested remainder

Answer 19

becomes possessory immediately upon termination of the prior estate

e.g., “to A for life, then to B”

Question 20

vested remainder subject to total divestment

Answer 20

subject to some condition subsequent, such that the remainderman could be divested after taking possession

e.g., “to A for life, remainder to B; but if B weds, then to C”

Question 21

vested remainder subject to open (class gift)

Answer 21

remainder vested in a described class of takers, at least one of whom is capable of taking possession

e.g., “to A for life, remainder to children of B and their heirs”

Question 22

open vs. closed class

Answer 22

class stays open to allow for future members and closes when no new members can be created

Question 23

Rule of Convenience

Answer 23

class closes whenever any member can call for distribution of her share; after-born class members get nothing

Question 24

contingent remainder

Answer 24

a remainder will be contingent if it is either:
1) subject to a condition precedent, or
2) created in favor of an unascertained or unborn person

Question 25

contingent remainder subject to condition precedent

Answer 25

remainder's taking is contingent on the prior occurrence of some event or condition once the event/condition occurs, the interest automatically becomes an indefeasibly vested remainder

Question 26

rule of destructability

Answer 26

at common law, a contingent remainder is destroyed if it remains contingent when the preceding estate ends

Question 27

merger (Shelley's Rule)

Answer 27

arises when a conveyance attempts to give a life estate to grantee with a remainder to grantee's intestate heirs at common law, the two estates merge; modern rule is A has a life estate and his heirs have contingent remainders and O has a reversion b/c A could die without heirs

Question 28

doctrine of worthier title

Answer 28

arises when grantor creates a life estate in another but grants a future interest in grantor's heirs; contingent remainder in O's heirs is void and A instead has a life estate and O has a reversion

Question 29

executory interests

Answer 29

a future interest in a third party that takes effect by cutting short some interest devisable, descendible, and usually transferable

Question 30

types of executory interests

Answer 30

shifting and springing

Question 31

shifting executory interest

Answer 31

always follows a defeasible fee or vested remainder subject to total divestment; cuts short someone other than the grantor

Question 32

springing executory interest

Answer 32

cuts short a present interest held by the grantor or grantor's estate

Question 33

Rule Against Perpetuities

Answer 33

a future interest is void if there is any possibility, no matter how remote, that it will vest more than 21 years after the death of the measuring life

Question 34

measuring life

Answer 34

a life "in being" when the interest was created whose actions during life, at death, or within 21 years after death determines whether a future interest satisfies RAP