Property Estates

Front 1

Most tested property questions
*Most highly tested on essays

Back 1

1. Easements*
2. Landlord/Tenant*
3. Conveyances/Deeds or K of Sales*
4. Future Interests
5. Zoning/Land Use
6. Adverse Possession
7. Water Rights
8. Mortgages

Front 2

Interests in Land

Back 2

1. Freehold Estates, (FS, FT, Life Estates)
2. Non-Freehold Estates Tenancy for Years, At Will, Period to Period)
3. Concurrent Estates (Joint Tenancy, Tenancy by the Entirety, Tenancy in Common)
4. Non-Possessory Interest in Land (Easements, Profits, Covenants, Equitable Servitude, Licenses)
5. Future Interests (Reversions, Possibility of Reverter, Remainders, Executory Interests)

Front 3

FREEHOLD ESTATES

Back 3

1. Fee Simple (Absolute)
2. Fee Tail "to A and the heirs of his body"
3. Life Estates

Front 4

NON-FREEHOLD ESTATES

Back 4

1. Tenancy for years
2. Tenancy at Will
3. Tenancy from Period to Period
4. Tendency at Sufferance

Front 5

CONCURRENT ESTATES

Back 5

1. Joint Tenancy
2. Tenancy by the Entirety
3. Tenancy in Common

Front 6

NON-POSSESSORY INTERESTS IN LAND

Back 6

1. Easements
2. Profits
3. Covenants
4. Equitable Servitude
5. Licenses

Front 7

FUTURE INTERESTS

Back 7

1. Reversions
2. Possibility of Reverter
3. Remainders
4. Executory Interests

Front 8

FEE SIMPLE

Back 8

1. Absolute
2. Defeasible (see distinctions)
3. Fee tail
4. Life Estates

Front 9

FEE SIMPLE DEFEASIBLE

Back 9

PRESENT
1. FS Determinable (possibility of reverter, created in the Grantor)
2. FS Subject to a Condition Subsequent
3.FS Subject to an Executory Interest

Front 10

FEE SIMPLE DETERMINABLE

Back 10

1. Created to convey "Until","While" "so Long As" "During"
2.*Someone must have a future interest
3. Automatic reversion back to G or his heirs.

Front 11

FEE SIMPLE SUBJECT TO A CONDITION SUBSEQUENT

Back 11

1. "On Condition That" "Subject to the Condition That" "but if..."
2. Right of reentry subject to the condition
3. Right of Entry -- Future Interest in Grantor
4. Requires ACTION
"To A, but if X event happens, grantor reserves the right to reenter and retake" (Grantor must carve out right of reentry)

Front 12

A SIMPLE SUBJECT TO AN EXECUTORY INTEREST

Back 12

"To A, but if X event occurs, then to B"
1. "so long as"or "or until” "but then... to B"-FI in someone other than the Grantor.
2. Automatic "Shifting"
3. "Springing" -- back to Grantor
4. Subject to RAP

Front 13

LIFE ESTATE

Back 13

1. Duration measured by someone's life (can be anyone)
2. "to A for the life of B"
3. Pur Autre Vie
4. To A, then to B or C, whoever lives longer.
5. To A for life…A grants to B…A is still the measuring life.

Front 14

LIFE ESTATE -- "WASTE"

Back 14

6. “Waste” –
a. Types;
1. Voluntary
2. Permissive
3. Financial (Life T pays taxes and interest.)
4. Ameliorative
a. Neighborhood must have changed
b. Replace with same or equal value
b. Damages
c. Injunction

Front 15

FUTURE INTERESTS
(Reversion)

Back 15

a. Less than that owned by Grantor (think of 5 apples. 3-2)
b. FSD
c. FS on CR that does not vest
d. For Life Estate G only has a FI during term of a life estate
e. Landlord

Front 16

FUTURE INTERESTS
(Possibility of Reverter)

Back 16

a. Interest retained by Grantor of a determinable estate or FSD.
b. Automatic back to G.

Front 17

FUTURE INTERESTS
(Right of Reentry)

Back 17

Is Not Automatic
Has to be on a FS subject to a condition.

Front 18

FEATURE INTERESTS
(Remainder)

Back 18

– FI created in a 3rd person which is intended to take effect after the natural termination of the preceding estate.
a. At the same time, AND,
b. In the same instrument.
c. Created in someone other than the grantor.
d. Lesser estate than Fee in Grantor
e. They have to follow a Fee Tail or Life Estate (modern added estate for years)
f. Does not cut short the prior estate vs. Executory Interest.
g. Can’t be a built in time gap of life estate and remainder
h. Vested versus Contingent

Front 19

REMAINDERS
(Vested versus Contingent)

Back 19

VESTED:
created in an ascertained existing person that is not subject to any condition precedent other than natural termination.
a. Absolute Vested
i. Limited to identifiable person without words of divestment.
b. Subject to Open (class)
i. Remaindermen is determined by subject to partly divested by being diminished in favor to other members of a class.
ii. “Class gift” common example
c. Subject to Total Divestment
i. Termination Based on condition subsequent
ii. Right to possession or enjoyment cut by right of entry, executory interest.
d. RAP does not apply
e. Vested has right to waste, compel pay taxes or interest on encumbrances

Front 20

REMAINDER
(Contingent)

Back 20

– any remainder that is created in an unascertained person/unborn but subject to a;
a. Subject to Condition Precedent
i. Expressed
b. Unborn or Unascertainable Person
c. RAP applies
4. Alienable or Transferable
5. Vested remainder subject to claims of creditors, but not contingent.
6. No right to waste.
7. Cannot follow a Fee Simple of any kind!! If it does it must be an EI.

Front 21

EXECUTORY INTERESTS

Back 21

Future contingent interest created in favor of a transferee ( someone other than grantor) executed in the form of a;
a. Shifting – terminates in favor of another grantee. “A to B for life, but bankrupt to C” CUTS short. “A to B but if B marries Z then to C”
b. Springing – “follows a gap” only one G “A to B but if B marries Z, then 1 year later to C”.
c. ALLOWS contingent
d. Cuts short a prior estate

Front 22

RULE IN SHELLEY'S CASE

Back 22

(at common law if a freehold estate (usually a Life Estate) is given, but remainder is limited to her heirs, then Grantee takes both the freehold estate and remainder and gets fee simple. “A to B for Life, with remainder to B’s heirs.” B gets FS estate. (merger)
Rule in Shelley's Case - modern - "To A, then to A's heirs" if A is alive"- A: Life estate; A's unborn heirs: Contingent remainder; O: reversion

Front 23

DOCTRINE OF WORTHIER TITLE

Back 23

“A to B for Life with remainder to A’s heirs.” A’s remainder cut off with reversion to Grantor in fee. By descent rather than purchase or devise.

Front 24

Words of mere desire, hope, or intention

Back 24

Insufficient to create a defeasible fee

Front 25

Absolute restraints on alienation

Back 25

Void

Front 26

Voluntary waste - exceptions (4)

Back 26

PURGE: Prior Use, Reasonable repairs, Grant, Exploitation

Front 27

Obligations to avoid permissive waste (2)

Back 27

Maintain property in reasonably good repair, pay all ordinary taxes to extent of income/profits - if no income/profit, must pay all ordinary taxes to the extent of fair rental value

Front 28

Vested remainders - 3 types

Back 28

1. Indefeasibly vested remainder,
2. vested remainder subject to complete defeasance,
3. vested remainder subject to open

Front 29

Indefeasibly vested remainder

Back 29

No conditions attached

Front 30

Vested remainder subject to complete defeasance (total divestment)

Back 30

Remainderman's right to possession could be cut short because of a condition subsequent

Front 31

Vested remainder is subject to open

Back 31

Remainder is vested in a class, at least one member is qualified to take, but additional takers can still join the class

Front 32

Shifting executory interest cuts short

Back 32

Someone other than the grantor

Front 33

Springing executory interest cuts short

Back 33

The Grantor

Front 34

Rule against perpetuities - approach

Back 34

Determine which future interests have been created, identify the conditions precedent to vesting of the suspect future interest, find a measuring life, ask if we will know, with certainty, within 21 years of the death of our measuring life, if our future interest holder(s) can or cannot take?

Front 35

Interests subject to the rule against perpetuities (4)

Back 35

1. Contingent remainders,
2. executory interests,
3. vested remainders subject to open,
4. rights of first refusal

Front 36

Interests NOT subject to the rule against perpetuities (3)

Back 36

1. Any future interest in O,
2. indefeasibly vested remainders,
3. vested remainders subject to complete defeasance

Front 37

USRAP alternative

Back 37

90-year vesting period

Front 38

Frank Sinatra
Didn't Prefer Orville Reddenbacher

Back 38

Fee Simple Determinable, Possibility of Reverter

Front 39

Mick Jagger rule of real property: You can't always get what you want.

Back 39

Paul conveys to Ringo so long as the premises is used as a music studio. Ringo
transfers to Mick Jagger. Jagger wants to convert premises to a bowl-a-rama. Can
Jagger do that? No, not w/out violating the condition.

Front 40

Fee Simple Subject to Condition Subsequent (FSSCS)

Back 40

The Bobby Brown of estates: "It's my prerogative." If I want I'll terminate you.
Accompanying future interest: Yes. Grantor has the right of reentry, aka: the power to terminate.

Front 41

To Barry Manilow, but if Manilow ever performs music on the premises, then to
Mandy. (FSSEI)

Back 41

1) Just like the FSD (fee simple determinable), except here, if the condition is broken, the
estate is automatically forfeited in favor of someone other than the grantor.
2) So forfeiture is automatic. If Manilow sings, Mandy gets it.
iii. Accompanying interest: Yes. It's called "the shifting executory interest"

Front 42

Concurrent Estates (law of co-ownership): 3 Types

Back 42

1. Joint Tenancy
2. Tenancy by the Entirety
3. Tenancy in common

Front 43

JOINT TENANCY
(Distinguishing Characteristics)

Back 43

a. Right of survivorship—when one joint tenant dies, his share passes automatically to the
surviving joint tenants.
b. A joint tenant's interest is alienable; however, it is not devisible or descendable (b/c of right of
survivorship).
c. The Destiny's Child Tenancy: "I'm a survivor, I'm gonna take yours, I'm a survivor, I'm gonna
keep yours."

Front 44

JOINT TENANCY
(How to Create?)

Back 44

1. TTIP
2. Grantor must expressly state "right to survivorship"

Front 45

JOINT TENANCY
(How to Sever?)

Back 45

1. Sale
i. A JT can sell or transfer her interest during her lifetime. She may even do so secretly, w/
out other JTs' knowledge or consent.
ii. One JT's sale severs the JT as to the seller's interest (b/c it disrupts the 4 unities). Result:
Buyer becomes a Tenant in Common. Other JTs remain JTs; the JT remains in place for
them. This is frequently tested.
2. Partition
i. Voluntary Agreement: An allowable, peaceful way to end the relationship.
ii. Partition in Kind: A judicial action for physical division of Blackacre, if in the best
interests of all. (Works best for actual land, not so much for a building.)
iii. Forced Sale: A judicial action if in best interests of all, where land is sold and proceeds are
divided proportionately. (Works best for a building or something that doesn't lend itself to
easy physical division.)

Front 46

TENANCY BY THE ENTIRETY
(Distinguishing Characteristics)

Back 46

The MC Hammer Tenancy: You can't touch this. It's a highly
protected form of co-ownership.
a. Creditors of only one spouse can't touch the tenancy.
b. Neither tenant acting alone can defeat the right of survivorship by a unilateral conveyance to a
3rd party.

Front 47

TENANCY BY THE ENTIRETY
(How to Create?)

Back 47

Husband & Wife. It is presumed where one tries to convey their interest to the other. Recognized in only a minority of states.

Front 48

TENANCY IN COMMON
(Distinguishing Characteristics)

Back 48

a. Each co-tenant owns an individual part, and each has a right to possess the whole.
b. Each interest is descendable, devisable, and alienable. There are no survivorship rights
between tenants in common.
c. Presumption favors tenancy in common.
2. The Natalie Cole Tenancy: I'm Devisable.

Front 49

RIGHTS AND DUTIES OF CO-OWNERS

Back 49

1.Possession
2. Rent
3. Rent from Third Parties
4. Adverse Possession (there is no "hostility")
5. Carrying Costs (taxes)
6. Repairs (need to inform other cotenants)
7. Improvements (but only upon partition)
8. Waste

Front 50

TENANCY FOR YEARS

Back 50

a. A lease for a fixed, determined period of time (1 day to 50 years or more). When you have
termination date from start, you have a TforY.
b. B/c the term of years tells us from the start when the leasehold will end, no notice is necessary
to terminate.
b. B/c the term of years tells us from the start when the leasehold will end, no notice is necessary
to terminate.
c. A term of years greater than one year must be in writing to be enforceable (b/c of SOF).

Front 51

PERIODIC TENANCY

Back 51

a. A lease that continues for successive or continuous intervals, until LL or T give proper notice
of termination.
i. i.e.: "To T from month to month" or "To T from year to year" or "To T from week to
week."
b. Notice must be given to terminate the periodic tenancy. At common law the notice had to be
given prior to actual termination; the period was at least equal to the period of lease itself,
unless otherwise agreed. I.e.: a week-week periodic tenancy required one week's notice.
i. If tenancy is from year/year or greater, only 6 months notice is required.
ii. Parties can vary the period required for notice by contract.

Front 52

TENANCY AT WILL

Back 52

a. A tenancy for no fixed period of duration.
b. i.e: "To T for as long as LL or T desires."
c. At least theoretically, it may be terminated by either party at any time.
i. By statute in most states, a reasonable demand to vacate is typically required.

Front 53

TENANCY AT SUFFERANCE

Back 53

a. Created when T has wrongfully held over past the expiration of the lease. T is a holdover.
b. This leasehold is a mechanism to allow the LL to collect rent from the holdover.
c. TS is short-lived; lasts only until L either evicts T or elects to hold T to a new term.