Term
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Definition
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- O --> BA to A for life. O keeps a reversion in fee simple absolute.
- Future estate created when O coveys a lesser estate.
- Takes effect at termination of a lesser estate when that estate expires.
- Transferable during life and descendible / devisable at death. Still called a reversion (because that’s what it was when created.)
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Term
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Definition
O --> BA to A for so long as the premises are used for a juke joint
Created when O conveys a determinable estate of the same quantum (EX: fee simple determinable from fee simple absolute).
Future interest can be transferred inter vivos, and if original estate was devisable/descendible, so is possibility of reverter, and will still be called that.
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Term
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Right of Entry / Power of Termination
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Definition
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O --> BA to A, but if used for church purposes, O may enter and terminate the estate granted.
Created when O transfers an estate with a condition subsequent and reserves the power to terminate upon occurrence of that condition.
Transferred estate does not expire automatically.
Inheritable, devisable, transferrable in most states.
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Term
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Definition
O --> BA to A [and his heirs].
Estate in fee simple that is free of special limitation, condition subsequent, or executory limitation.
“And his heirs” language has no effect – still alienable.
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Term
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Definition
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O --> BA to A so long as used for church purposes.
Possession is potentially infinite, but may come to an end before line of heirs runs out.
Transfer of fee simple followed by condition subsequent, special limitation, or executory limitation.
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Term
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Definition
O --> BA to A and the heirs of his body.
Tail could be limited to male / female / special / general.
Continues as long as there is an heir to take, but O keeps a future estate in fee simple absolute, assuming that A’s heirs will run out eventually.
After Taltarum’s Case, could disentail by “common recovery.” Now, by deed.
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Term
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Definition
O --> BA to A for life.
A has a present estate until his death.
O owns his estate in fee simple absolute, with a reversion when A dies.
Pur autre vie: If possessory interest is transferred to B, still ends w/A’s death (A = measuring life / cestui que vie).
Freehold estate – A has seisin.
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Term
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Definition
O --> BA to A for five years.
Estate whose duration is absolutely computable from the moment it becomes present.
Interest in land, not real property. Occupant is not seised. May be considered to be "in possession" for purpose of finder's law.
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Term
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Definition
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Create a fee simple subject to condition subsequent
- Provided that...
- But if...
- On the condition that...
- Provided..., however...
- If..., however...
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Term
| Words of Special Limitation |
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Definition
Creates a fee simple determinable.
- So long as...
- During...
- While...
- Unless...
- Until...
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Term
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Definition
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O --> BA to A while he uses it for school purposes.
Created by a transfer using words of special limitation after a fee simple.
If special condition fulfilled, estate will automatically expire and revert to O / O’s successors in interest.
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Term
| Fee Simple Subject to Condition Subsequent |
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Definition
O --> BA to A, but if used for church purposes, O may enter and terminate the estate granted.
Estate does not terminate until O cuts it short by using right of entry.
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Term
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Fee Simple Subject to Executory Limitation
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Definition
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O --> BA to A, but if A marries, to C and his heirs.
Fee simple that is cut off by a third party’s interest after a condition subsequent.
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Term
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Definition
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O --> BA to A and B.
Modern presumption unless specified otherwise.
A and B each own an undivided half of BA in his or her own name.
Can divide land by voluntary partition or force it by judicial partition.
Can be passed by will or descent or alienated during life.
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Term
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Definition
O --> BA to A and B as joint tenants, with right of survivorship.
A and B both own the undivided whole.
Cannot pass by will or descent. Survivor becomes sole owner.
Can be severed by unilateral inter vivos transfer or agreement, which creates a tenancy in common between remaining joint tenant(s) and transferee.
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Term
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Definition
O --> BA to husband A and wife B.
Not recognized in all states, but can only exist between husband and wife.
May not be destroyed unilaterally – A and B must agree before conveying any interest to a third party.
Can convert to a tenancy in common or joint tenancy by agreement.
Survivor absorbs other’s ownership.
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Term
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Definition
O --> BA to A for life, then to B and his heirs.
Future interest created in someone other than the transferor that, according to the terms of its creation, will:
- become a present estate immediately upon (no sooner than, no later than)
- expiration of all prior estates created simultaneously with it (does not cut short)
May be devised, passed, transferred.
May NEVER follow any estate in fee simple. |
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Term
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Definition
Two requirements:
- No condition precedent to the interest becoming a present estate, other than natural expiration of prior estates.
- Theoretically possible to identify who will take if it becomes possessory at any time.
- Cannot be destroyed, is not subject to the Rule Against Perpetuities. |
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Term
| Vested Remainder Subject to Partial Divestment / Subject to Open |
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Definition
A future interest owned by a class that is subject to increase at the time of transfer.
- O --> BA to A for life, then to the children of B. If B has two living children at the time the transfer is made, they have vested remainders. However, B can have more children before A dies. |
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Term
| Vested Remainder Subject to Complete Divestment |
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Definition
O --> BA to A for life, then to B, but if B does not survive A, to C.
B's survival is a condition subsequent, not a condition precedent. A condition subsequent operates to divest a vested interest. |
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Term
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Definition
Characteristics:
- Either subject to a condition precedent,
- Owned by unascertained persons,
- Both.
O --> BA to A for life, then if B survives A, to B. The condition precedent makes B's interest a contingent remainder. If add "otherwise to C and his heirs," creates alternative contingent remainders. |
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Term
| Rule of Destructibility of Contingent Remainders |
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Definition
Unless a remainder shall be vested at or before the termination of all estates prior to it in possession, it shall be destroyed.
- Has been abolished in all but a few states. |
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Term
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Definition
Any future interest created in a person other than the transferor that is not a remainder. Tends to come from:
- One-day gap in seisin.
- Following a fee simple determinable / condition subsequent.
- Springing out of O.
- Divesting a fee simple-interest. |
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Term
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Definition
When O --> BA to A for life, then to heirs of A. If no intervening estate and "the heirs" have the following remainder, A will take a fee simple after the two interests merge.
- Abolished almost everywhere. |
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Term
| The Doctrine of Worthier Title |
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Definition
| If O --> BA to A for life, then to the heirs of O, will be construed as a reversion to O and no interest to his heirs, unless he transfers it separately. |
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Term
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Definition
The class is open, and new persons can be born into the class.
- T --> BA to A for life, then to children of A.
- Subject to INCREASE ONLY because no survival requirement for A's children. |
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Term
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Definition
The loss of a member causes their share to be lost (to them and their successors). The value of the share is re-distributed among the other class members.
If T --> BA to A for life, then to the children of A who survive A, the class is subject to increase (A has more children) and decrease (A's children predecease him when they have to survive to take.)
When A dies, the class is closed naturally and subject only to decrease. |
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Term
| Class Closing Rule / Rule of Convenience |
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Definition
A class closes when at least one member is entitled to distribution. This means it will no longer increase.
- Exists in all states. Causes a class to close before it closes naturally. |
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Term
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Definition
Transfers ownership without deed by claiming land for a statutory period of time.
Elements:
- Open
- Notorious
- Exclusive
- Adverse
- Continuous
- Hostile (Majority - Objective)
- Under claim of right / claim of title
Shorter statute of limitations, constructive possession: Under color of title. |
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Term
| Doctrine of Agreed Boundaries |
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Definition
ADVERSE POSSESSION
If uncertainty as to the true boundary line, an oral agreement to settle the matter is enforceable if the neighbors subsequently agree to accept the line for a long period of time. |
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Term
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Definition
| Long acquiescence is evidence of an agreement between the parties fixing the boundary line. |
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Term
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Definition
| If one neighbor makes representations about the location of a common boundary and the other neighbor changes her position based on that representation, first party can be estopped to deny the validity of his statements or acts. |
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Term
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Definition
| As long as the owner has exercised due diligence in trying to recover her property, the statute of limitations is tolled. |
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Term
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Definition
Under acquisition by gift, if something can be delivered, it must be.
- Symbolic Delivery: Handing over something symbolic of the item that is given.
- Constructive Delivery: Handing over something that gives access to the item.
Gifts must be made inter vivos OR causa mortis! If devise is based on death, then must comply with statute of wills. |
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Term
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Definition
| Possessed in good faith by bailee. Can convey good title to a good-faith purchaser. |
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Term
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Definition
| Requires finders to turn in items and will give them back to finders if a period of time passes without the true owner turning up to claim the item. |
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Term
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Definition
| Possession of chattel that is handed over for a limited purpose. We want laws that don't deter bailments. |
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Term
| Abolition of the Fee Tail |
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Definition
1. Fee simple absolute in A and any gift over is void.
2. Fee simple in A, but gift over resolved at A's death. |
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Term
| Decedent's Probate Estate |
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Definition
| Assets in decedent's name, tenancy in common, convenience accounts. |
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Term
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Definition
| Joint tenancies w/ROS, life insurance policies, joint accounts, payable on death accounts. |
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Term
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Definition
Enacted to prevent the killer from benefitting from his or her own wrong.
- JT w/ROS: Becomes a tenancy in common and slayer is allowed to keep half.
- Wade Model: 1/2 to decedent's estate, 1/2 to slayer for life, then to decedent's estate. |
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Term
| Title Theory of Mortgages |
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Definition
| At common law, a mortgage conveyed property to the mortgagor. This severed a joint tenancy. |
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Term
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Definition
| Property is used to secure a debt and does not convey title. Does not have effect of severing the joint tenancy. MAJORITY RULE. |
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Term
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Definition
| Property is sold and tenants get share of money representing their ownership. |
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Term
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Definition
| Line is actually drawn down property. if one part ends up more valuable than the recipient's share, order of owelty forces benefitted party to make up the value. |
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Term
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Definition
Majority: Absent ouster, co-tenant in exclusive possession doesn't owe rent to other tenants. If renting to a third party, must distribute the rent.
Minority view: Co-tenant for liability for rent on a continued occupancy after demand to vacate or pay rent. |
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Term
| Married Women's Property Act |
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Definition
1. Creditors may not reach jointly-held property for separate debts. Husband may convey, wife may not.
2. Interest of debtor spouse can be reached for separate debts.
3. MAJORITY Creditors cannot reach interest for separate debts and neither may convey property separately.
4. Creditor can only reach survivorship interest of debtor spouse. |
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Term
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Definition
Community: Assets earned by either spouse during the marriage.
Separate: Assets brought into the marriage or acquired by gift or inheritance. |
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Term
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Definition
Before, non-wage-earning spouse received alimony/maintenance.
Now, Equitable Distribution of marital property. |
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Term
| Elective share / forced share / right to dissent |
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Definition
| Surviving spouse can renounce the will and take intestate share. |
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Term
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Definition
Gives wife life estate for 1/3 of all real property of which husband was seized during marriage.
- Widow takes 1/3 if issue, otherwise 1/2 of husband's personal property. |
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Term
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Definition
Gives husband life estate in each piece of wife's real property if marriage had issue.
- Widower takes all of wife's personal property regardless. |
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Term
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Definition
| If husband conveyed out property by deed during his life without wife's signature, can take 1/3 life estate. |
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Term
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Definition
- No executory interests
- No future interest could cut short a freehold estate.
- No freehold estate could spring up in the future. |
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