Estates In Land_Chapter 2

Front 1

2-1 What is the name for the part of the conveyance that tells you who is receiving the conveyed interest?

Back 1

words of purchase-by sale or gift; to A, the grantee

Front 2

2-2 What is the name for the part of the conveyance that tells you what kind of interest that person is receiving?

Back 2

words of limitation; the kind of estate the grantee is receiving; Ex. and his/her heirs=fee simple

Front 3

Name the type of estate:

2-3: 0 to A and her heirs.
2-4: 0 to A for 2 years.
2-5: 0 to A and the heirs of his body.
2-6: 0 to A for life.
2-7: 0 to A for the life of B.
2-8: 0 to A. (Assume modern law.)

Back 3

2-3: Fee Simple
2-4: Term of Years (A Lease)
2-5: Fee Tail
2-6: Life Estate
2-7: Life Estate per autre vie (for the life of another)
2-8: Fee Simple; it is assumed the grantor intended to convey all the grantor could convey. If O had a fee simple, the law presumes O intended to grant a fee simple.

Front 4

2-9 0 conveys to A and her heirs. (B is A's only child.) What is the duration of B's estate (if any)?

Back 4

A has a Fee Simple. B has nothing.

Front 5

O to A for life. Then A to B. B dies intestate with one heir C. What does C own?

Back 5

C has a life estate pur autra vie.

Front 6

2-10 0 conveys to A for life. Then A conveys to B. What is the duration of B's estate (if any)?

Back 6

B has a life estate per autre vie. A is the measuring life. B's life estate will last until A dies.

Front 7

2-11 0 conveys to A and the heirs of his body. Then A conveys to B. (Assume original fee tail.) What is the duration of B's estate (if any)?

Back 7

A (the owner of a fee tail in its original form) can convey only the right to possess the land during A's life. Therefore, B's estate will last only until A dies.

Front 8

2-12 0 conveys to A for 10 years. Then A immediately conveys to B What is the duration of B's estate (if any)?.

Back 8

B's estate will last for the remainder of the 10 years.

Front 9

2-13 0 conveys to A for life. Then A conveys to B for 2 years. One month later A dies. What is the duration of B's estate (if any)?

Back 9

B's estate ends when A dies.

Front 10

2-14 0 conveys to A and his heirs. Then A conveys to B for 2 years. One year later A dies.What is the duration of B's estate (if any)?

Back 10

B's estate if unaffected by A's death. B has one more year of possession.

Front 11

2-15 0 conveys to A for life. In 1993, A conveys to B for 2 years. A dies in 2001. What is the duration of B's estate (if any)?

Back 11

A died 6 years after the end of A's conveyance to B. B's estate was for 2 years so it ended in 1995.

Front 12

2-16 0 conveys to A and the heirs of her body. Then A dies, devising her entire estate to her husband, B. A has one child, C. What is the duration of B's estate (if any)?

Back 12

B has no estate. Upon the death of the holder, a fee tail passes automatically to the holder's issue without regard to the terms of the holder's will. C has the right to possession.

Front 13

2-17 0 conveys to A for life. Then A dies, devising her entire estate to B. What is the duration of B's estate (if any)?

Back 13

B has no estate. When A died the life estate ended.

Front 14

For each person other than 0 mentioned in the following questions, state whether that person has an interest in the property:

2-18 0 to A and the heirs of his body. A has two sons (B and C) and two grandchildren (D and E).

2-19 0 to A and her heirs. A has a husband (B) and one child (C). 2-20 0 to A for the life of B.

2-21 0 to A. A has no husband and no children but has a living father and mother. (Assume modern law.)

2-22 0 to A for life. Then A conveys to B. B dies intestate with one heir, C.

Back 14

2-18: A has an interest

2-19: A has an interest

2-20: A has an interest

2-21: A has an interest

2-22: C has an interest

Front 15

After each of the following conveyances, state what interest A has and whether someone other than A has an interest in the property. If so, who and why?

2-23 0 to A for 2 years.
2-24 0 to A and the heirs of his body.
2-25 0 to A for life.
2-26 0 to A and her heirs.
2-27 0 to A for the life of B.
2-28 0 to A. (Assume modern law.)

Back 15

2-23: A has a term of years. O has the right to possession after A's term of years ends.

2-24: A has a fee tail. O has the right to possession after A's issue die out.

2-25: A has a life estate. O has the right to possession after A dies.

2-26: A has a fee simple. No one else has a right to possession either now or in the future.

2-27: A has a life estate pour autre vie. O has the right to possession after B (the measuring life) dies.

2-28: A has a fee simple. No one else has a right to possession either now or in the future.

Front 16

2-29 "I have a 30-year lease on property located at Interstate Exit 109, and my lease allows me to build a building on the property. I want to use the property for a gas station, and I was about to talk to an architect about drawing up plans to build it. But I've just discovered that the deed of my lessor (the man who leased me the property) says that he has something called a 'life estate' in the property. Should I be concerned?"

Back 16

"Yes, you should be concerned. If your lessor has only a life estate in the property, your lease will end when your lessor dies. Even if your lessor is young and healthy, accidents happen. You don't want to invest a lot of money in improvements to the property without knowing whether you'll be able to recoup the investment. The first thing to do is to confirm that your lessor has only a life estate. If so, you should find out who owns the other interests in the property. If you can negotiate a leasehold interest from all other owners, you can proceed safely. If not, you should reconsider."

Front 17

2-30 "I have been diagnosed with a terminal illness, and I want to arrange my financial affairs in preparation for my death. My husband and I live in my parents' house, which they devised to me when they died. I own the house in fee simple. I want to be sure that my husband, who is disabled, can live in that house for the rest of his life. Upon his death, I want the house to go to my son by my first marriage. How can I arrange that?"

Back 17

"You can grant your husband a life estate in the property now. Then you can devise to your son all your remaining interest in the property. If you don't want to dispose of your possessory estate before you die, you can devise a life estate to your husband and devise all remaining interest to your son."

Front 18

2-31 "My husband devised to me a life estate in the house he owned at his death. He devised all of the rest of his property to his son by his first marriage. I have been living in the house for the 10 years since he died. However, I am beginning to have health problems, and I want to move to the town where my daughter and her family live. Yesterday I put a Tor Rent' sign in the front yard, and last night my husband's son by his first marriage, Bob, called me. He said that I can't rent the house. He said that if I move out, the house goes to him. But I need the rental income from the house because I'll have to rent an apartment in my daughter's town. Is Bob right?"

Back 18

"No, Bob isn't right, and you can rent the house. When your husband devised all of his other property to Bob, Bob received the right to the house after you die. However, as long as you live, you have the possessory estate, and that right includes the right to lease it to someone else. If you were to die during the lease period, your tenant's rights under the lease would end though, so you'll want to be candid with a prospective tenant about that possibility. As a practical matter, that possibility might affect your market and perhaps the amount of rent you can expect, but you may well find a tenant who isn't concerned about the possibility of having to move at some point."