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Flashcards in Present Estates Deck (58)
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1

what are the 4 present estates

1) fee simple absolute
2) fee tail
3) defeasible fees (3 species)
4) life estate

2

what does land that is devisable mean

it can pass by will

3

what does land that is descendible mean

it will pass by statutes of intestacy

4

what land that is alienable mean?

inter-vivos gift

5

are CL words "to a and his heirs" needed today for FSA

NO
- To A alone is enouhg

6

what does FSA mean?

absolute potentially infinite duration
1) freely divisible
2) descendible and
3) alienable

7

if stated FSA to A and A's heirs. What does A's heirs have?

NOTHING
- only A has FSA

8

does a living person have heirs

NO. A living person only has prospective heirs

9

what a fee tail language

To A and the heirs of his body

10

has the fee tail been abolished

yes.

11

what does creating a fee tail do?

creates FSA

12

what does creating fee tail in IL do?

creates LIFE ESTATE in A and remainder in A's lineal blood descendants

13

what are the 3 defeasible fees

1) fee simple determinable
2) fee simple subject to condition subsequent
3) fee simple subject to executory limitation

14

how to create fee simple determinable language

To A for so long as...
To A during...
To A until...

15

does the grantor need to use clear durational language to create fee simple determinable

YES

16

what happens if the stated condition of a fee simple determinable is violated

AUTOMATICALLY forfeiture

17

what are the distinguishing characteristics of a fee simple determinable

estate like all of the defeasible fees are
1) devisible
2) descndible and
3) alienable but always subject to condition

18

can a person grant more than what they have

NO nemo dat.
- You may convey less than what you started with, but you cannot convey more, in other words "you cant always get what you want

19

what does the grantor obtain with a fee simple determinable

POSSIBILITY OF REVETER (automatic)

20

what is the acrnoym to know for fee simple determinable (FSDPOR)

frank sinatra didnt prefer orville redenbacher
- Fee simple determinable
- Possibility Of Reveter

21

how to create a fee simple subject to condition subsequent

To A, but if X event occurs, grantor reserves the right to re-enter and take

22

what must grantor do for language for fee simple subject to condition subsquent

grantor MUST use clear duration language and STATE right to reneter

23

does the grantor need to state the right to re-enter for a fee simple subject to condition subsequent

YES

24

does the estate automatically end for fee simple subject to condition subsequent

NO. but can cut short if stated condition occurs. Grantor must have RIGHT TO RE-ENTER

25

what is the future interest in fee simple subject to condition subsequent

right of re-entry

26

how to create a fee simple subject to EXECUTORY INTEREST

to A, but if X event occurs, to B

27

distinguishing characteristics of fee simple subject to executory interest

estate is AUTOMATICALLY FOREFITURED in favor of
2) SOMEONE other than grantor

28

is the condition of a fee simple subject to executory interest automatic

YES

29

what is the difference b/w a fee simple subject to executory interest and fee simple determinabile

both end automatically on certain event, but
FSSE= goes automatically to 3rd party
FSD= goes automatically to grantor

30

what are the 2 rules for defeasible fees in construction?

1) words of mere desire, hope or intention ARE INNSUFFICIENT TO CREATE a defeasible fee
2) absolute restraints on alienation are void