Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
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) |