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20 Cards in this Set
- Front
- Back
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O → A for 10 years, REM to Bhh. IF SOMEONE WANTS TO GET THE FOREVER, WHO MUST THEY DEAL WITH?
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If someone wants to get the forever, they must deal w/ both owners, A & B
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O → A for life, B for life, C for life, then to Dhh. ----Who are the owners? ---Who must any potential buyer deal with? ---Who has the right to possession? ---When will D's interest come into possession?
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----Who are the owners? Ownership is divisible. Owners are A, B, C & D. ---Who must any potential buyer deal with? Any potential buyer must deal w/ all owners. Each piece of the timeline has some value appropriately discounted. ---Who has the right to possession? Only A has the right to possession.---When will D's interest come into possession? Unknown when D interest will come into possession, won’t come into possession until A, B, & C are dead. It will take a period of lives in being (A, B, & C’s lifetimes) for D interest to become possessory. D interest is a right to take possession in the future. Once possession is taken, the interest is forever, a FSA. Unknown whether D will ever come into possession; but, definitely won’t if D dies before A, B, C.
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O → Ahh so long as the premises are used for residential and IF NOT SO USED, THE LAND IS TO REVERT BACK TO Ohh |||| Who owns the present estate and what kind is it? |||| Who are the owners of the estate? |||| What would happen if the capitalized words were removed?
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|||| Who owns the present estate and what kind is it? • A – Present Estate, a FSD w/ an associated POR. |||| Who are the owners of the estate? • A & O are both owners; A – FSD, O – POR.|||| What would happen if the capitalized words were removed? • W/o underlined language, A still has a FSD. The POR is implied
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O → Ahh so long as the premises are only used for religious purposes, and if not so used the land it to revert to Ohh. |||| What is the state of the title for A? ||||
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|||| What is the state of the title for A? • A – Present Estate, a FSD w/ an associated POR ||||
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O → To Ahh, but if used for non-residential purposes, then Ohh has a right to re-enter. |||| If A transfers her interest to B and B uses Blackacre for commercial purposes, what happens?
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|||| If A transfers her interest to B and B uses Blackacre for commercial purposes, then O can re-enter. A only transferred what O gave her, a FSSCS w/ a ROE in O.
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O → Ahh on condition used for residence, BUT IF NOT Ohh MAY RE-ENTER. |||| What does the capitalized text do? |||| What woud happen if the captitalized text was removed?|||
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|||| What does the capitalized text do? • “But if. . .” is common signal of a FSSCS and along w/ language that O may re-enter it makes for classic FSSCS language.• The underlined language creates the ROE, but if the underlined text was removed: |||| What woud happen if the captitalized text was removed? There is a split of authority: - Dobris says the underlined language is what creates the noose, the limitation, if you take it away there’s no ROE, so no FSSCS. W/o the underlined language, there’s a FSA with some miscellaneous words with no legal effect. - Book says the ROE is assumed. (WRONG!!!) |||
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To Ahh on condition that Blackacre is used for residential purposes, but if used for non-residential purposes, then grantor shall have the right to re-enter. If the event occurs and the property is used for a nonresidential purpose, e.g. opening a restaurant. |||| • If A wanted to AP (and nothing else), What would A prefer?
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• If A wanted to AP (and nothing else), A would prefer a FSD b/c as soon as the nonresidential use occurs, the FSD is automatically terminated and AP’s SOL starts running right away. Under a FSSCS, A must wait until O attempts ROE.
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To X church forever, but if they fire Pastor Brown to the Red Cross. |||| Who has the the FSSEL? |||| The EI? |||| How long will the uncertainty of blackacre last until? |||| What is this uncertainty called?
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|||| Who has the the FSSEL? The church has the FSSEL |||| The EI? The red cross has the EI. |||| How long will the uncertainty of blackacre last until? Uncertainty of losing Blackacre will last until Pastor Brown dies or retires. |||| What is this uncertainty called? The uncertainty is limited is limited by a period of a life in being.
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To A and the heirs of his/her body
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|||| What does A have? • A – FT |||| What does B have? B – REM in FSA. |||| What does O have? O has a reversion O has a fee simple absolute. The reversion metamorphizes, changes back to the guy. B’s will and will cannot transfer.
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To A and the heirs of his/her body. |||| What does A have? |||| What dose O have? |||| What happesn if A dies leaving B as her sole Heir? What does B and O have? |||| What if B dies w/o children and devises all her property to C?
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"||| What does A have? • A – FT |||| What dose O have? O – RVN in FSA. |||| What happesn if A dies leaving B as her sole Heir? What does B and O have? • If A dies leaving B as her sole heir. Then, B – FT; O – RVN. B & O are both owners. |||| What if B dies w/o children and devises all her property to C? If B then dies w/o children and devises all her property to C → O – FSA. No devisement beyond the bounds of the fee tail.
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O --------b/a----- -->A life |||| What does A have? What does O have? If A transfers the life estate to B, what is the estate in the title now? What if B dies intestate?
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A has a present estate which is a life estate. |||| O has a reversion in a fee simple absolute. |||| A transfers the life estate to B. What is the estate in the title now? • B owns the property for the duration of A’s life!!! • Pur autre vie. |||| What if B dies intestate? • B’s probate estate goes to Bhhh. His Pur autre vie. The life is an estate in the life of another. The life estate measured by A’s life now passes to the heirs of B. ||||
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O → A so long as he lives and remains a widower. |||| What does A have? What does O Have? Draw the diagram! ||||
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|||| What does A have? • A – Determinable LE |||| What does O Have? • O – POR & RVN in FSA |||| Draw the diagram! A O O (---- ---------( (-----------∞ L/E POR RVN ||||
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O → A life, but if A remarries, O may reenter.|||| What does A have? |||| What does O have?
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|||| What does A have? • A – LE subject to a condition subsequent |||| What does O have? • O – ROE and RVN in FSA.
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O → A life, but if A remarries, to B for the life of A. |||| What does A have? |||| What does O have? |||| What does B have?
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|||| What does A have? • A – Present estate, LE subject to an executory limitation |||| What does O have? • O – RVN in FSA. |||| What does B have? • B – Future estate, LE pur autrie vie, for the life of A b/c there can only be one present estate.
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O → A life |||| What does A have? |||| What does O have? ||||
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|||| What does A have? • A – Present estate, LE |||| What does O have? • O – RVN in a FSA ||||
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O →Empire State→ A for 10 days, remainder to Bhh. |||| What does A have? |||| What does B have? |||| Can we guarentee that B's interest would become possessory? |||| When can B sell her interest? ||||
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|||| What does A have? • A – Present estate, TFY w/ a duration of 10 days |||| What does B have? • B – REM in FSA. |||| Can we guarentee that B's interest would become possessory? - B’s REM interest is guaranteed to become possessory, but can’t guarantee B will come into possession b/c he could die before the 10 days is up. |||| When can B sell her interest? • B can sell her interest, the right to take possession in 10 days, today ||||
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If the building that I live in is sold, what is my LANDORD SELLING?
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1) ROE is alienable w/ RVN so your landlord can sell the building. Landlord has a ROE if you fail to pay rent and a RVN when your lease ends. → If the building is to be sold, the landlord isn’t selling the building, he’s selling the ROE and RVN.
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If I want to break my contract with my landord by selling liquor but still retain the building where I live. How do I do this?
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Buy the ROE from my landlord. ROE is Alienable by release so possessor who wants to sell liquor on Blackacre can do so by buying out the ROE from the grantor.
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To A life, then to 1st child of A to reach 21 & THAT CHILD'S HEIRS. |||| What is this? |||| What is the Capitalized langauge? |||| What does A have? |||| What does B have? |||| What is the nature of the FI?
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"|||| What is this? IVR Conveyance |||| What is the Capitalized language? words of limitations. |||| What does A have? • A has a life estate |||| What does B have? has an indefeasible vested remainder in FSA. |||| What is the nature of the FI? - The FI given the facts of the family meets the definition of an IVR. - Given these facts, all 3 conveyances say the same thing in a different way. They all say to A for life, IVR to B. Changing facts can change the nature of a FI.
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To A for life, REM to A’s children w/ at least one child born, B. |||| What does A have? |||| What does B have? |||| What is interesting about this?
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" |||| What does A have? A – LE |||| What does B have? B – VRSTO in a FSA. |||| What is interesting about this? • Conveyance is a vested remainder though subject to a partial defeasance or partial divestment. - Partial defeasance and partial divestment occurs if more people are born into the class, e.g. if C, another child of A, was born and thus entered the class. • Total defeasance is possible too. There are vested remainders that are subject to open that are also subject to complete defeasance.
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