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15 Cards in this Set
- Front
- Back
Present Estate
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an interest in an estate which carries with it a present right to exclusive possession
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right-of-way easement holder
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has no right to the exclusive possession of any portion of the estate, but may enter the estate in the course of exercising his right of way
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2 types of Estates
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1)present estates (interests)
2) future estates (interests) |
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Future interest
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an interest in land which 1) may become possessory, but which is not now possessory, and 2) is a segment of ownership measured in terms of duration
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What are the four dimensions of land?
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1) lenght
2) width 3) height 4) time |
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O owns Blackacre, consisting of forty acres of land. He grants twenty acres of it to A. How has O divided blackacre?
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O has divided Blackacre by lenght/or width
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O owns Blackacre, consisting of forty acres of land. O grants A the space between 20 feet and 100 feet above ground level over all of Blackacre. How has O divided Blackacre
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O has divided Blackacre by height
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2 Ways to divide land?
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1) spatial division (length, width, height)
2) temporal division (time) |
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O owns Blackacre. O grants A "a life estate for the duration of A's life" in all of Blackacre. 1)How has O divided Blackacre? 2)What is A's interest? 3)What is O's interest?
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1) O has divided Blackacre by time
2) A's interest is a present estate, called a "life estate" 3) O's interest is a future estate, called a reversion |
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2 Types of Present Estates
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1) Freehold
2) Non-freehold |
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Fee Simple Absolute
1) what is the future interest gained by the Grantor? 2) What is the future interest created in 3rd party grantee? |
1) none
2) none |
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Fee Simple Determinable
1) What is the Future Interest retained by Grantor? 2) What is the future interest created in 3rd party grantee? |
1) Possibility of Reverter
2) Executory Interest * Remainders never can follow any fee simple |
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What are some words that suggest a fee simple determinable?
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while, during, until, for so long as
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Fee Simple Subject to Condition Subsequent
1) What is the future interest retained by the grantor? 2) What is the future interest created in 3rd party Grantee? |
1) Power of termination
2) Executory Interest |
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What are some words that suggest a fee simple subject to a condition subsequent?
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"provided, however", "but if", "on condition that", "if, however"
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