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15 Cards in this Set

  • Front
  • Back
Future Interests- two types
Those retained by the grantor
Those given to the grantee
Future interests retained by the grantor- 3 types
Reversion
Possibility of Reverter
Right of Entry
Future Interests given to grantee- 2 types
Remainder
Executory interest
Reversions- (Future interest retained by grantor)
A reversion in the grantor arises whenever the grantor conveys away LESS than the full durations estate the grantor had.
O conveys Blackacre to A for life.
Possibility of Reverter (in the Grantor)
Grantor conveys to grantee on a condition, thus retains a possibility of reverter, grantee as a Fee simple Determinable
Fee simple Determinable
Where a grantee has a fee simple subject to a condition which if not satisfies automatically transfers back to grantor (possibility of reverter)
"so long as" "while" "during" "until"
Right of Reentry (by the Grantor)- Power of Termination
If grantor has right to reenter, grantee has a Fee simple on condition subsequent. Grantor retains the right to reenter upon the happening of a condition. DOES NOT automatically revert back life FSD.
Fee Simple on Condition Subsequent (Grantee)
Grantee has this interest when the grantor retain the right to reenter upon the happening of a condition.
"provided, however" "but if" "on condition that" DOES NOT automatically revert back like FSD.
Remainders- Vested or Contingent
Vest remainders are not subject to the Rule against Perp
Vested Remainder in a grantee
A remainder is a future interest in a third party Grantee that comes naturally and immediately on the termination of the preceding estate.
Class gifts- Vested remainder subject to open
When a remainder interest is conveyed to a group of unnamed persons whose members are not yet fully known, the class remains open to allow for future persons who qualify as class members by satisfying the class description.
Executory Interests
Executory Interest operates to cut short the estate that comes before it (third party)
Defeasible Fees (3 types)
Fee Simple Determinable
Fee Simple Subject to Condition Subsequent
Fee Simple Subject to Executory Interest
Rule Against Perpetuities
No interest is good unless it must vest, if at all, within 21 years after the death of some life in being at the creation of the interest
What interests does the RAP always apply to? (3 types)
Executory Interests
Contingent Remainders
Vested Remainders subject to Open (class gifts)