Estates In Land_Chapter 6

Front 1

6-1 If the future interest following a fee simple determinable is in a second grantee, what is it called?

Back 1

Executory interest.

Front 2

6-2 What do we call the future interest following a fee simple subject to an executory limitation?

Back 2

Executory interest.

Front 3

6-3 What do we call a second grantee's future interest when it follows a conveyance like "to A and her heirs until B retires from the Army"?

Back 3

Executory interest.

Front 4

6-4 To whom does an executory interest belong?

Back 4

A grantee.

Front 5

6-5 Distinguish between an executory interest and a right of entry or possibility of reverter.

Back 5

An executory interest is a future interest held by a grantee, while a right of entry or possibility of reverter is a future interest retained by the grantor.

Front 6

6-6 What are the common words of temporal limitation that signal a determinable estate followed by an executory interest?

Back 6

Until, while, during, so long as.

Front 7

6-7 What are the common words of express condition that signal an estate subject to an executory limitation (followed by an executory interest)?

Back 7

But if, however, on condition that, provided that.

Front 8

6-8 Does an executory interest take effect automatically upon the happening of the condition?

Back 8

Yes.

Front 9

6-9 What do we call a second grantee's future interest that follows a life estate determinable?

Back 9

Remainder.

Front 10

6-10 Of the future interests following an estate with an added limitation, which is the only one that does NOT operate automatically upon the happening of the condition?

Back 10

Right of entry.

Front 11

The following conveyances combine the estates and future interests we have studied so far. For each, what is the state of the title? Don't forget to draw lines to separate the descriptions of the various estates if you are unsure of your answer.
6-11 O to A and his heirs, but if A does not graduate from college, then to B.

Back 11

O to A and his heirs, // but if A does not graduate from college, then to B.//
A: Possessory estate in fee simple subject to executory limitation.
B: Executory interest in fee simple absolute.

Front 12

6-12 O to A while being used as a farm.

Back 12

O to A while being used as a farm.//
A: Possessory estate in fee simple determinable.
O: Possibility of reverter in fee simple absolute.

Front 13

6-13 O to A and her heirs until no longer used for a church, then to B.

Back 13

O to A and her heirs until no longer used for a church, // then to B.
A: Possessory estate in fee simple determinable.
B: Executory interest in fee simple absolute.

Front 14

6-14 O to A for life.

Back 14

O to A for life. //
A: Possessory estate in life estate.
O: Reversion in fee simple absolute.

Front 15

6-15 O to A and her heirs; however, if used for a pool hall, then to B and his heirs.

Back 15

O to A and her heir; // however, if used for a pool hall, then to B and his heirs. //
A: Possessory estate in fee simple subject to an executory limitation.
B: Executory interest in fee simple absolute.

Front 16

6-16 o to A and her heirs, provided that the land is always farmed.

Back 16

O to A and her heirs, // provided that the land is always farmed. //
A: Possessory estate in fee simple subject to a condition subsequent.
O: Right of entry in fee simple absolute.

Front 17

6-17 O to A, on condition that the land is always used as a church, but if not, then to B.

Back 17

O to A, // on condition that the land is always used as a church, but if not, then to B. //
A: Possessory estate in fee simple subject to an executory limitation.
B: Executory interest in fee simple absolute.

Front 18

6-18 O to A and the heirs of his body. (Assume the original version.)

Back 18

O to A and the heirs of his body.//
A: Possessory estate in fee tail.
O: Reversion in fee simple absolute.

Front 19

6-19 O to A for the life of B.

Back 19

O to A for the life of B.//
A: Possessory estate in life estate pur autre vie.
O: Reversion in fee simple absolute.

Front 20

6-20 O to A, but if A cuts timber on the property, then to B and her heirs.

Back 20

O to A, // but if A cuts timber on the property, then to B and her heirs.//
A: Possessory estate in fee simple subject to an executory limitation.
B: Executory interest in fee simple absolute.

Front 21

6-21 O to A for life; however, if A rents the property, then to B and his heirs.

Back 21

O to A for life; // however, if A rents the property, then to B and his heirs. //
A: Possessory estate in life estate suject to an executory limitation.
B: Executory interest in fee simple absolute.
O: reversion in fee simple absolute (O has a reversion because if A doesn't rent the property, B's future interest will never become possessory, and the property will revert to O after A's life estate.)

Front 22

6-22 O to A for 25 years if A so long live.

Back 22

O to A for 25 years if A so long live. //
A: Possessory estate in a term of years determinable.
O: Reversion in fee simple absolute.

Front 23

6-23 O to A for 49 years or until the land lies fallow, whichever is first, then to B.

Back 23

O to A for 49 years or until the land lies fallow, whichever is first, //then to B. //
A: Possessory estate in a term of years determinable.
B: Vested remainder in fee simple absolute.

Front 24

6-24 O to A for life, then to B.

Back 24

O to A for life, // then to B. //
A: Possessory estate in life estate.
B: Vested remainder in fee simple absolute.

Front 25

6-25 O to A and her heirs until B reaches 25, then to B.

Back 25

O to A and her heirs until B reaches 25, // then to B. //
A: Possessory estate in fee simple determinable.
B: Executory interest in fee simple absolute.

Front 26

6-26 o to A and her heirs; however, if B reaches 25, then to B.

Back 26

O to A and her heirs; // however, if B reaches 25, then to B. //
A: Possessory estate in fee simple subject to an executory limitation.
B: Executory interest in fee simple absolute.

Front 27

6-27 O to A for life or until B reaches 25, then to B.

Back 27

O to A for life or until B reaches 25, // then to B. //
A: Possessory estate in life estate determinable.
B: Vested remainder in fee simple absolute.
O: No future interest (O has no reversion because B doesn't have to reach 25 in order to become possessory. The condition "until B reachers 25" is simply one way A's life estate can end. Whether A's life estate ends by A's death or by B's 25th birthday, B's future interest will become possessory. Even if B dies before A dies, B's interest will become possessory, enjoyed by B's heirs or devises.)

Front 28

6-28 O to A and her heirs, on condition that A does not use the property for a tavern, but if A uses the property for a tavern, then to B.

Back 28

O to A and her heirs, // on condition that A does not use the property for a tavern, but if A uses the property for a tavern, then to B. //
A: Possessory estate in fee simple subject to an executory limitation.
B: Executory interest in fee simple absolute.

Front 29

6-29 O to A, provided that the city does not change the property's zoning classification, otherwise to B.

Back 29

O to A, // provided that the city does not change the property's zoning classification, otherwise to B. //
A: Possessory estae in fee simple subject to an executory limitation.
B: Executory interest in fee simple absolute.

Front 30

6-30 O to A while A is attending State University, then to B.

Back 30

O to A while A is attending State University, // then to B. //
A: Possessory estate in fee simple determinable.
B: Executory interest in fee simple absolute.

Front 31

In each of the following questions, a client has come to you for advice. Answer the client's question.
6-31 "I want to have a will that leaves all of my estate, including my house, to all of my children. However, one of my children, Timothy, is severely disabled. If my daughter Christine is willing to care for him so he doesn't have to live in an institution, I want her to be able to live with him in the house. But if the care proves to be too much for Christine and Timothy has to live in an institutional setting, then I want the house to go to all the children. They can do with it as they choose then, including selling it and dividing the proceeds or arranging for one of them to buy out the interests of the others. Is this possible?"

Back 31

"Yes. You can give Christine a life estate to extend for as long as she is taking care of Timothy in the home. When she is no longer able to care for him in the home, the possessory estate would pass to all of your children, and they would be able to sell or rent the property. A life estate would give Christine sufficient control over the house so she wouldn't have to involve the rest of the family in maintenance, repairs, and routine remodeling. However, she wouldn't be able to do things that would singificantly decrease the value of the property in the future. That way everyon'e interests would be protected. The formal name for Christin'es estate would be a possessory estate in life estate determinable (or subject to an executory limitation, depending on how we phrase it). The formal name for the future interest given to all the children together would be an executory interest in fee simple absolute."

Front 32

6-32 "My church needs to expand, and I own the property right next door. I don't need it anymore, and I'd like to donate the property to the church for as long as the church needs the space. If the church ever doesn't need the space, I'd like the property to go to the Bibb County Library. How can this be arranged?"

Back 32

"You can convey to the church what's called a fee simple determinable and convey to the Bibb County Library a future interest called an executory interest. You'll have to decide exactly what limitation to put on the church. For instance, do you want the possessory estate to go to the library if the church stops using the land for worship, religious education, and fellowship, or would you still want the church to be able to 'use' the property by renting it out and collecting the proceeds? As soon as you decide precisely what limitation you wnat to place on the church, we can draft a conveyance that will do exactly what you wish."

Front 33

6-33 "My parents' wills devised their farm to my brother, Jim. The will said this: 'We give the farm to Jim as long as he farms the property. If he ever stops farming the property, we give it to our daughter, Janice.' Jim was in a car accident, and he is now permanently disabled. he can no longer farm the land. Who owns the farm now? If I (Janice) own it, what happens if I don't farm it?" (Since the conveyance to Jim does not include the word "for life," we will assume that the grantor intended to convey a fee simple determinable rather than a life estate determinable.)

Back 33

"The will gave Jim a fee simple determinable and gave you an executory interest in fee simple absolute. This means that if Jim stops farming the land, even if it's for a good reason, his possessory estate automatically ends and you automatically become the owner. The way the will is worded, you have no limitation on your ownership. That means that you do not have to farm the land. A fee simple owner can sell the land, rent it, give it away, let it lie fallow, develop it, farm it, or use it in any other lawful way. If you want to sell it or keep it, using it and its proceeds entirely for yourself, you can do that. Or, if you think that your parents would have wanted you to farm the land and you're willing to farm it, you can do that. If you think they'd rather that you sell it and divide the proceeds with Jim, you can do that as well. You can also convey the land back to Jim, free of the farming limitation. You might want to talk to Jim about the situation before you decide."