ESTATES IN LAND (FL)

Question 1

Poss of Reverter/ Right of Entry (transfer)

Answer 1

Both freely alienable in florida

Question 2

Poss of Reverter/ Right of Entry (limitations)

Answer 2

reverter/forfeiture provision limited to 21 YEARS FROM DATE OF DEED

EXC: to govt, education or charitable ent

Question 3

Fee Tail

Answer 3

FL follows MINORITY–> this creates a LIFE ESTATE

ex. to A and the heirs of his body/ his bodily heirs

Question 4

RAP and Right of 1st refusal

Answer 4

DOES NOT APPLY

Question 5

RAP uniform statutory rule

Answer 5

1. certain to vest or terminate no later than 21 years after death OR
2. actually vests or terminated within 90 years after creation (360 years for trust)

Question 6

Joint tenancy

Answer 6

• normally requires 4 unities but can be created even w/out TIME and TITLE being satisfied (no straw man required)
• must expressly provide for the right of survivorship

Question 7

Tenancy by the Entirety (5)

Answer 7

1. presumed if to H and W
2. rebutted by express language to contrary
3. neither can affect others right of survivorship
4. spouse can create by conveyance to self and other spouse
5. no strawman required