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Flashcards in Real Property Deck (163)
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1

3 interests in land:

(1) Estate
(2) Easement
(3) Restrictive covenant

2

Strategy for Real Property questions is:

(1) Identify & describe the three interests in land
(2) How can these interests be acquired, retained, or transferred?

3

Key word for estates:

Present possessory

4

Present possessory estates:

Freehold & Non-Freehold

5

Estates for future rights of possession are called:

Future interest

6

The Non-Freehold Estates are:

The Landlord-Tenant Estates

7

Identify the Freehold Estates:

Fee Simple - including the defeasible fees
Life Estate
Fee Tail

8

Duration of Fee Simple Absolute (FSA)

Potentially infinite duration - potentially lasts forever

9

FSA must be fully Alienable: No ___________ restraints on transfer of ownership of FSA.

Direct

10

John wills the farm in upstate New York to Yoko, but provides that if Yoko tries to sell the farm, it goes to Shaun.
Who gets what?

Yoko: FSA
Shaun: Nothing (ignore the restriction because no direct restraints allowed on FSA)

11

General rule: Any attempt to put a direct restraint on alienation is VOID - which means you

Ignore the restriction!

12

John wills the farm in upstate New York to Yoko, but provides that if Yoko allows Paul onto the property, then the farm goes to Shaun. Is this ok?

Yes because it is language of condition. Conditions may be imposed on the exercise of a fee simple but any attempt to limit the right to transfer is void.

13

John wills the farm to Yoko, but provides that if Yoko tries to sell the farm during her lifetime, then Shaun has a right of first refusal; that is, Shaun has the option to buy the land before Yoko can sell the land to anyone else. Is this restriction on alienation ok?

Yes. Modern exception upholds validity of rights of first refusal.

14

Language required at common law to create FSA: "To A and her heirs." If the language was to "A," then at common law A took:

Only life estate

15

Today, there has been a majority change in common law rule: Courts will presume a fee simple was granted - UNLESS language shows ____________ to do otherwise.

A clear intent

16

John wills the farm to Yoko. What estate does Yoko receive?

Yoko gets FSA (majority change in common law rule)

17

What is a Fee Tail?

At common law, the Fee Tail was a device to lock the property into the Grantee's family.

18

At common law, a Fee Tail was created by using the following very precise language:

(1) "To A and the heirs of his (or her) body"; OR
(2) "To A and his (or her) bodily heirs."

19

Modern presumption: Language of Fee Tail will be presumed to create a ___________ unless the Bar Exam question asks you to apply the common law rule.

FSA

20

Life Estate may be granted _________ or may arise ____________.

Expressly; by implication

21

Key Rule: Life Estate is ____________ by time - only measured by __________.

Never measured; life

(Fixed time ≠ life estate)

22

Some years ago, a large house in Nashville, Tennessee, was conveyed from Garth to Elvis. The language was "to Elvis for 200 years if he lives that long."

Does Elvis have a life estate?

No

23

Some years ago, a large house in Nashville, Tennessee, was conveyed from Garth to Elvis. The language was "to Elvis for life."

Does Elvis have a life estate? If so, who's life is the measuring life?

Yes. Elvis takes a life estate created by EXPRESS GRANT.

The Grantee's life is the measuring life.

24

In his will, Lyndon leaves the ranch "to Luci and Lynda after the death of my beloved wife Lady Bird."

What is Lady Bird's estate?

Lady Bird has an implied life estate.

Her life estate is created by necessary implication from the terms of the testator's will.

25

O conveys Blackacre "to Tarzan for the life of Jane."

What interest does Tarzan have?

Tarzan has a life estate measured by Jane's life.

26

O conveys Blackacre "to Tarzan for the life of Jane."

At common law, what happens to Tarzan's estate if Tarzan dies but Jane (the measuring life) is still alive?

Seisin is vacant - to anybody takes.

27

O conveys Blackacre "to Tarzan for the life of Jane."

Under the modern rule, what happens to Tarzan's estate if Tarzan dies but Jane (the measuring life) is still alive?

Tarzan's life estate interest passes to his estate. Tarzan's life estate will continue in place until Jane - the measuring life - dies.

28

O conveys Blackacre "to Tarzan for the life of Jane."

What happens to Tarzan's life estate if Jane dies first, leaving Tarzan still alive?

Tarzan's life estate terminates. HIs life estate was measured by Jane's life - NOT his life.

29

O conveys Blackacre "to Tarzan, and on Tarzan's death, to Jane."

What interest does Tarzan have?

Tarzan gets a life estate.

30

Some years ago, Garth conveyed his large mansion in Nashville, Tennessee "to Reba for life." Later Reba sold her life estate to her agent, Al. What happens to the mansion if Al should die before Reba dies?

(a) Reba holds a life estate and Reba's (the grantee's) life is the __________ life.
(b) So Al holds a ___________ measured by ___________ life.
(c) If Al dies before Reba, the modern rule says that the life estate passes to _________ estate and continues until ___________ dies.

(a) Measuring
(b) Life estate; Reba's life
(c) Al's; Reba