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5 Cards in this Set
- Front
- Back
Name the defeasible fees (including NY terminology) and their corresponding future interest.
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Fee Simple Determinable (NY: Fee on Limitation) with future interest Possibility of Reverter.
Fee Simple Subject to Condition Subsequent (NY: Fee on Condition) with future interest Right of Entry or Power of Termination (NY: Right of Reacquisition). Fee Simple Subject to Executory Limitation with future interest Executory Interest (NY: Remainder subject to a Condition Precedent) |
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State the Rule of Reversions.
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O must transfer a possessory Fee Simple or a Vested Remainder in order to make a full disposition of his property. If he does not, then he retains a reversion.
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Name all possible future interests.
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Three that reside in the grantor , O:
1. Possibility of Reverter 2. Right of Entry / Right of Termination (NY: Right of Reacquisition) 3. Reversion Three that may be held by a third party: 1. Vested Remainder 2. Contingent Remainder (NY: Remainder subject to a condition precedent) 3. Shifting or Springing Executory Interest (NY: Remainder subject to a condition precedent) |
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Distinguish Vested vs. Contingent Remainders
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Vested remainders are (1) created in an ascertainable person and (2) are not subject to a condition precedent.
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Name and describe the types of Vested remainders
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Indefeasibly vested remainder. The holder is certain to acquire an estate in the future.
Vested remainder subject to total divestment (NY: Remainder Vested Subject to Complete Defeasance). Right to possession is subject to a condition subsequent (i.e. the comma rule) Vested Remainder Subject to Open. Class gift situation, there is at least one ascertainable class member, but the class is not yet closed. |