Test Day Flashcards
(48 cards)
“To A”
“To A, and A’s hers”
A has a FSA - fee simple absolute
Heirs - have nothing
a living person does not have heirs
freely alienable, divisible, descernable
“To A, IF SO LONG as they remain a lawyer”
A has a FSD - fee simple determinable
Condition follows an ‘If’ statement
Possibility of reverter exists for ‘O’, no matter what
FSDPOR
“To A, but if, coffee is consumed on sight, grantor reserves the right to reenter”
A has a FSSCS - fee simple subject to condition subsequent
clear durational language clear language for the right of reentry
right of reentry is a future interest
no automatic termination only on reentry
“To A, but if x event occurs, then to B.”
A has a FSSEL - a fee simple subject to executory limitation
A has a fee simple
B has a shifting executory interest
Automatic forfeiture but designated to B
“To A, as long as she never intends to sell”
A has a FSA
O has nothing, because the condition is restricting the alienable right due to no time condition being present
“To A, as long as she does not sell for the next 18 months”
A has a FSD - fee simple determinable
O has a POR - possibility of reverter
Condition is valid, no restriction on alienability due to specified time being listed
“To A, and the heirs of his body”
Fee tail simple - semi illegal
now converts to a FSA, “To A.”
“To A for life”
A has a life estate, and cannot commit waste
O has future interest called reversion
“To A, for the life of B”
A has a life estate, measured by B’s life
O has a future interest called reversion
A cannot commit waste
voluntary/affirmative waste
willful destruction
permissive waste
neglect of the property
amerlior waste
renovations, transformations
only okay if all owners consent, does not matter if it raises the value of the home
“To A for life, then to B”
A has a life estate
B has a future interest, remainder
POR
Possibility of Reverter
only follows a fee simple determinable
FSD (FS + condition)
RORE
Right of Re-Entry
only follows condition subsequents
REV
Reversion
leftovers post time constraint or condition
Remainders
can only be created in third parties, never the grantor
future interest
follows life estates and term of years
“To A for life, then to B”
A has a life estate
B has a remainder, vested, indefeasible,
both parties are alive and known
Vested Remainder
The party who becomes the remainder is known
‘…then to B’
Contigent Remainder
the party who becomes the remainder is unknown, or a category of people
“… then to A’s first child”
“To A for life, then if A graduates from law school to B”
A has a life estate with a condition precedent
IF he graduates is the contigent remainder
“To A for life, then to A’s first child”
A has a life estate
A’s first child is the contingent remainder
Indefeasible vested remainder
best option for a remainder
no strings/conditions attached
vested remainder subject to complete defeasance
defeasance = forfeiture
subject to condition subsequent that results in forfeiture of the remainder.
