Property

Front 1

To A so long as...

To A during...

To A until...

Back 1

Fee Simple Determinable

Front 2

Future interest accompanying FSD

Back 2

Possibility of Reverter in the grantor

Front 3

To A but if X event occurs, then grantor reserves the right to re-enter and re-take

Back 3

Fee Simple Subject to Condition Subequent

Front 4

Future interest accompanying fee simple subject to condition subsequent

Back 4

Right of entry (or power of termination)

Front 5

To A, but if X even occurs, then to B

Back 5

Fee Simple Subject to Executory Limitation

Front 6

Future interest accompanying fee simple subject to executory limitation

Back 6

Shifting executory interest

Front 7

Ameliorative waste

Back 7

Life tenant must not engage in acts that will ENHANCE the property's value, unless all future interest holders are known and consent.

Front 8

Vested remainder. A remainder is vested if...

Back 8

it is both created in an ascertained person AND is not subject to any condition precedent.

Front 9

Contingent remainder. A remainder is contingent if...

Back 9

it is created in an unascertained person OR is subject to a condition precedent, OR both.

Front 10

The Rule of Destructability of Contingent Remainders

Back 10

At common law - contingent remainders were destroyed if still still contingent at the time the preceding estate ended.

Now, original grantor takes and holds subject to B's springing executory interest.

Front 11

Indefeasibly vested remainder. B will...

Back 11

certainly acquire in the future, with no strings attached, if he's alive.

Front 12

Vested remainder subject to complete defeasance

Back 12

When the conditional language follows "to B" (i.e., condition subsequent)

Front 13

Contingent remainder

Back 13

When the conditional language appears before "to B" (i.e., condition precedent)

Front 14

Defeasible fees

Back 14

Fee Simple Determinable

Fee Simple Subject to Condition Subsequent

Fee Simple Subject to Executory Limitation

Front 15

2 Bright line rules of RAP

Back 15

1. A gift to an open class that is conditioned on the members surviving to an age beyond 21 violates RAP

2. Many shifting executory interests violate RAP - an executory interest with no time limit violates RAP

Front 16

RAP Questions

Back 16

1. Determine which future interest is created

2. ID the conditions precedent to the vesting of the future interest.

3. Find a measuring life.

4. Will we know withe certainty within 21 years of the death of measuring life that a future interest holder can take?

Front 17

Joint Tenancy Creation

Back 17

T-TIP
Time
Title
Identical/equal interests
Possess - identical rights to possess the whole

Front 18

Severance and mortgage in Joint Tenancy: Title v. Lien theory

Back 18

Title: one JT's execution of mortgage/lien severs the JT as to the encumbered share

Lien: JT's execution of mortgage on his land will NOT sever JT. (NY)

Front 19

Tenant's entitlements if implied warranty of habitability is breached

Back 19

MR3
Move out and end lease
Repair and deduct from rent
Reduce rent or withhold in escrow
Remain in possession and seek money damages

Front 20

Negative Easements must be...

Back 20

in writing re: restrictive use of light, air, support or stream

Front 21

Transferability of easements (appurtenant and gross)

Back 21

Appurtenant: passes automatically w/dominant tenement, regardless of whether it is even mentioned in the conveyance

Gross: not transferable unless it is for commercial purpose

Front 22

Elements for BURDEN to run

Back 22

WITHN

Writing
Intent
Touch & concern the land
Horizontal & vertical privity
Notice of burden when he took

Front 23

Elements for BENEFIT to run

Back 23

WITV

Writing
Intent
Touch & concern the land
Vertical privity only