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15 Cards in this Set
- Front
- Back
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O grants Blackacre “to A and his heirs”
A has two living children, B and C. Do B and C have any property interest in Blackacre right now, while A is alive? |
No. The language “and his heirs” creates no rights in any “heirs.” It merely indicates that the estate is an FSA.
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O grants Blackacre to A, so long as A never wears a Michigan T-shirt.
A wears a Michigan T-shirt. When does O regain the legal right to possession of Blackacre? A = As soon as A wears the shirt B = When O demands possession |
A = As soon as A wears the shirt
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"O to A, so long as the property is used as a farm"
A has a present interest called a _______ |
Fee simple determinable
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"O to A, provided that the property is used as a farm"
A has a present interest called a _______ |
Fee simple subject to a condition subsequent.
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O to A, for 10 years
While the term of years (or any non-freehold estate) is possessory, does the landlord have an interest in the property? |
Yes.
It’s a future interest called a Reversion |
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O to A for life, then to B
What does O have? |
Nothing
O has given away Blackacre for time running into eternity. A gets it for life. B gets it when A dies. Since there is no restriction on B’s remainder, B’s estate will run forever. To be more precise, we might say “B has a Remainder in Fee Simple Absolute.” |
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O to A, so long as the property is used as a farm
O has a future interest called a _______ |
Possibility of Reverter
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O to A, on condition that the property is always used as a farm
O has a future interest called a _______ |
Right of Reentry/Power of Termination
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O to A for life, then to the first of A’s children to reach age 21. A has two children: B (age 5) and C (age 19)
A has _______ The future interest following A’s estate is? |
The remainder vests as soon as one of the children reaches age 21
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O to A for life, then to C if C survives A
The future interest following A’s estate is? |
A = “contingent remainder in fee simple absolute.”
B = “vested remainder in fee simple absolute.” |
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O to A for life, then to C if C survives A
The future interest following A’s estate is? |
Now, the requirement that C survives A is an “express condition precedent” that C must satisfy to take possession.
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O to A for life, then to the first of A’s children to reach age 21. A has two children: B (age 5) and C (age 19)
What kind of remainder would it be then? |
The remainder is an an indefeasibly vested remainder in fee simple absolute.
What about the possibility that C may die before A does? Doesn’t change the result. If C dies before A, C’s heirs or devisees will take Blackacre. |
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O to A for three weeks
A has __________ O has _______ |
A: Term of Years
O: Reversion |
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O to A for three weeks, then to B if he is then a non-smoker
A has __________ B has _______ O has _____ |
A: Term of years.
B: Contingent remainder O: Reversion. If it becomes possessory, it will follow A’s term of years. A term of years is less than a defeasible fee. |
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O to A for three weeks, then to B, but if B ever smokes one cigarette, back to O
A has __________ B has _______ O has _____ |
A:
B: O: |
