Property

Question 1

Adverse possession

Answer 1

1) actual and exclusive
2) open and notorious
3) continuous for statutory period
4) adverse and under claim of right Objective vs object

Question 2

Gift elements

Answer 2

Intent
Delivery
Acceptance

Question 3

Types of wills

Answer 3

Attested
Holographic
Statutory

Question 4

Preferred tenancy

Answer 4

Tenancy in common

Question 5

Delivery

Answer 5

Handing over
Or
Constructively
Symbolically

Question 6

Indefeasibly vested remainder

Answer 6

Is certain to become possessory

Question 7

Vested remainder subject to open

Answer 7

More may be added (people born)

Question 8

Vested remainder subject to divestment

Answer 8

condition subsequent

Question 9

To A for life, then to B for ten years. What’s B’s interest

Answer 9

Vested (waits politely) for a term of ten years leasehold

Question 10

Types of vested remainders

Answer 10

1. Indefeasible vested remainder
2. Vested remainder subject to open
3. Vested remainder subject to divestment

Question 11

To a for life, then to B, but if A sells marijuana on land, then to C

Answer 11

B has vested remainder
Type: vested subject to divestment

C: has shifting executors interest

Question 12

Future interests

Answer 12

1. Vested remainder
2. Contingent remainder
3. Executory interest
   (Shifting or springing)

Question 13

Remainder

with condition subsequent

Answer 13

Vested remainder in fee simple determinable

Or fee simple defeasible

Question 14

Remainder with

Condition precedent

Answer 14

Contingent remainder in fee simple absolute

Question 15

To my son Able, but when my grandchild Beverly graduates from law school to her

Able has?

Beverly has?

Answer 15

A: fee simple subject to executory limitation

B: shifting executory interest in fee simple

Question 16

Vested remainder can’t follow ?

Answer 16

Vested remainder, it turns executory (shifting or springing)

Question 17

Adverse possession

Enters Before will

Enters after will

Answer 17

Before: S/L doesn’t start over. Can use tacking

After: can’t tack, starts over

Question 18

Unreasonable restraints on alienation are void because

Answer 18

Practical effect test

makes property

1. unmarketable
2. Discourages improvement
3. Impossible for land to be sold
4. Keeps creditors from being able to reach property

Question 19

Test for vested remainders

Answer 19

Ramainderman is
A) born
B) ascertainable
C) there is no condition precedent

Question 20

Rule of capture

Majority

Answer 20

Tompkins

1. Kill
2. Mortally wound
3. Trap

Question 21

Rule of capture

Dissent

Answer 21

Livingston
Reasonable prospect of capture
Kill as many foxes as possible

Question 22

3 exceptions to rule of capture

Answer 22

Customs
Animals on private land
Government owned animals

Question 23

Future interest

Grantor

Answer 23

Possibility of reverter
Right of entry
reversion

Question 24

Remainder with condition subsequent vs. condition precedent

Answer 24

Condition subsequent = VRSD

Condition precedent = CR

Question 25

Unascertained people have what kind of remainder

Answer 25

Contingent remainder

Question 26

Executory interest

Answer 26

Cuts short someone’s present interest Does not wait patiently. (As vested does)

Question 27

Joint tenants 4 unities

Answer 27

Time
Title
Interest
Possession