Estates - Rules

Question 1

Four rights of a fee simple freehold

Answer 1

Usus, fructus, abusus, alienation

Question 2

Rights of a life estate freehold

Answer 2

Usus, fructus, alientation

Question 3

Four categories of waste

Answer 3

Voluntary, Ameliorating, Permissive, Equitable

Question 4

Always prohibited type of waste

Answer 4

Voluntary

Question 5

Can you pass on a life estate in a will?

Answer 5

No

Question 6

Conditions precedent = words of …

Answer 6

Acquisition

Question 7

Determinable Limitations = words of …

Answer 7

Duration

Question 8

Defeasible conditions subsequent = words of …

Answer 8

Condition

Question 9

Determinable Limitation (Fee Simple) = “constrained by a …”

Answer 9

determinable limitation, vested in interest possibility of reverter

Question 10

Defeasible conditions subsequent (Fee Simple) = “constrained by a … “

Answer 10

defeasible condition subsequent, vested in interest conditional right of re-entry

Question 11

Detereminable Limitation (Life Estate w/ Remainder) = “constrained by a …”

Answer 11

detereminable limitation, possibility of reverter to grantor, or remainder

Question 12

Defeasible conditions subsequent (Life Estate w/ Remainder) = “constrained by a … “

Answer 12

defeasible conditions subsequent, with a conditional right of re-entry and possibility of reverter or remainder

Question 13

Four legal remainder rules

Answer 13

Remainder after fee simple is void, no gaps in seisin, timely vesting, Shelly’s case

Question 14

Shelly’s case remainder rule

Answer 14

Collapses a life estate and fee simple remainder which benefit the same person into a fee simple

Question 15

Timely Vesting remainder rule

Answer 15

Only those that meet a condition benefit from the grant when it happens

Question 16

No “springing freeholds” remainder rule

Answer 16

No gaps in seisin - makes the grant void

Question 17

Walker remainder rule

Answer 17

A remainder after a fee simple is void, but see s 27 of Real Property Act for contingent estates.

Question 18

Three invalid conditions

Answer 18

1. Repugnant to the nature of Estate
2. Vague
3. Violates public police

Question 19

Doctrine of cy pres (definition)

Answer 19

1. equitable title
2. general charitable intent
   (Ramsden, Canada Trust)

Question 20

Exceptions to Statute of Uses

Answer 20

1. If instrument is a will
2. If grantee is corporation
3. Personal Property

Question 21

“use on use” device (examples)

Answer 21

1. Unto and to the use of A …
2. To the use of A, to the use of A …
3. To the use of B, to the use of A …

Question 22

Consequences of an invalid condition precedent?

Answer 22

Grant void

Question 23

Consequences of an invalid determinable limitation?

Answer 23

Grant void

Question 24

Consequences of an invalid defeasible condition subsequent?

Answer 24

Condition erased, grant becomes absolute