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24 Cards in this Set

  • Front
  • Back
Fee Simple Determinable
Automatically reverts upon the happening on a stated event

"for so long as", "while" or "until"

passive voice is an expression of motive does not create
Fee Simple Subject to a Condition Subsequent (and right of reentry)
Grantor reserves the right to terminate

grantor must take seom action

created "upon condition that", provided that", "but if" and "if it happen that"
Right of reentry must be
expressly reserved

non-transferable intervivos, they are devisable, they are descendible
Fee Simple subject to a en execturoy interest
estate terminate upon the happening of a astated event and then passes toa third party, third party has an executory interest
Life estate pur autre vie
measured by the life other than the grantee's. can also result when a life tenant conveys his life estate to another
Types of waste


Affirmative Waste
Affirmative - tenant is limited to (1)necessary for repair or maintenance (2) land is suitable for such use (3) expressly or implied permit by grantor.

open mine doctrine, if mining was done prior tenant can continue but limite to open mines
Permissive waste
tenant fails to protect lands. Tenant is obligated to:
(1) preserve land and strucutres in reasonable state of repair (2) pay interest on mortgage (3) pay ordinary taxes (4) pay special assessments for public improvements of short duration

No responsible for damage caused by third party tortfeasors
Ameliorative Waste
a change that benefits the proerty economically. Life Tenant can alter or even demolish existing buildings if:
(1) market value of the future interests are not diminished and either
(2) reaminderman do not object; or
(3) a substantial and permanent change in the neighborhood conditions has deprived the peroperty on it current form of a reasonable productive usefulness
Worthless title and life tenant
May seek a partition sale , the proceeds of which are put in trust with income paid to the life tenant
Renunciation of life estate
accelerates future interest
the estate left in a gramtor
future interest in a third person

cannot follow a time gap

never follows a fee simple
Indefeasibly Vested Reaminder
vested remainder that is not subject to divestemnts or diminuation
Vested Reaminder subject to open
vested remainder created in a class of persons
Vested reaminder subject to total divestment
vested reamined subject to a condition subsequent

"to B for life and then to C and his heirs but if C dies unmarried then to D and his heirs.
Joint Tenancy
right of survivorship
Creation of a joint tenancy requires untiy of
time, title, interest, possession.

They must take indentical interest, as the same time by the same intsrumentwith the same right to possession.
Intervivos Conveyance by a joint tenant of her undivided interest
destorys the joint tenancy, the tranferee takes as a tenant in common. Severenc may not occur where one joint tenant doe snot transfer her entire interet
Joint tenency and a lien
Lien does not sever the joint tenancy until it is acutally sold at a foreclosure sale
Joint tenency and mortgage
does not sever unless the mortagage is foreclosed and the property is sold
Tenancy by the entirety
marital estate akin to joint tenency. A deed or mortgage executed by only one spouse is ineffective
Tenency in common
Interests are alienable, devisable adn inheritable, multiple grantees are presumed to take as tenant in common
Rights and duties of co-tenants
rent and profits
expenses for preservation of property
improvements - no right to contribution
taxes and mortgages - can be demanded for.