Property - Real
Terms
undefined, object
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- What words grant a FSA?
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"to A and his heirs" (CL)
"to A" (Modern) - What words create a FSD?
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"so long as"
"during"
"until"
"while" - What are O's interests after granting a FEE SIMPLE DETERMINABLE?
- Possibility of Reverter
- What words create a FSSCS?
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"but if"
"on condition that"
"provided that" - What are O's interests after granting a FEE SIMPLE SUBJECT TO CONDITION SUBSEQUENT?
- Right of Re-entry
- What is a FSSEL?
- a fee simple estate where ownership passes from grantee to one other than grantor
- O conveys to A and his heirs
- A = FSA
- O conveys to A so long as the property is used for farming
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A = FSD
O = Possibility of Reverter - O conveys to A but if the land is not used for farming, O has the right to re-enter the land.
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A = FSSCS
O = Right of Re-entry - O conveys to A so long as the property is used for farming, then to B and his heirs.
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A = FSSEL
B = Shifting Executory Interest - O to A and his heirs, but if B returns from London, then to B and his heirs.
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A = FSSEL
B = Shifting EI - O to A for life, and one year later, to B and his heirs.
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A = LE
B = Springing EI - What words distinguish a FEE TAIL?
- "to A and the heirs of his body"
- Does O have a interest after granting a FT?
- Yes, a reversionary interest (if the estate expires)
- What interest does O have after granting a LIFE ESTATE (LE)?
- Reversion
- What is a LIFE ESTATE PUR AUTRE VIE?
- A life estate measured by the life of another.
- O to A for the life of B
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A = LE pur autre vie B
O = reversion - Distinguish VESTED and CONTINGENT REMAINDERS.
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VR:
1) given to ascertained person AND
2) not subject to condition precedent
CR:
1) given to unascertained person OR
2) subject to condition precedent - What are the 3 types of vested remainders?
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1) absolutely vested
2) subject to partial divestement (subject to open)
3) subject to complete divestment (terminated by EI, Right of entry) - What is the Destructibility of Contingent Remainders?
- If the remainder did not vest before the end of the prior estate
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O to A for life, remainder to A's heirs.
(using the Rule in Shelley's Case) - A = FSA
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O to A for life, then to B for life, then to A's heirs.
(using the Rule in Shelley's Case) -
A = LE and REMAINDER
B = VR in LE -
O to A for life, then to my heirs
(using the Doctrine of Worthier Title) -
A = LE
O = reversionary interest -
O to A for life, then to my heirs
(if the Doctrine of Worthier Title does NOT apply) -
A = LE
O's heirs = CR in FSA - Distinguish a CONTINGENT REMAINDER and EXECUTORY INTEREST.
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A remainder takes possession immediately after the estate ends and cannot follow a fee simple estate.
An EI ends an estate/interest before natural termination. - O to A for life, but if A becomes bankrupt, then to C and his heirs.
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A = LE subject to EL
C = Shifting EI in FSA - O to A for life and 5 years after A's death to B and his heirs.
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A = LE
B = Springing EI in FSA
O = Reversion in FSSEL - What creates a JOINT TENANCY with RIGHT of SURVIVORSHIP?
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"to A and B and C with right of survivorship"
it requires 4 unities (PITT)
1) unity of Possession
2) unity of Interest
3) unity of Title
4) unity of Time - What is a TENANCY by the ENTIRETY?
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similar to JTwRoS, except only permitted between husband and wife
(it cannot be ended by partition and creditors cannot get the property of the other spouse) - What is a TENANCY in COMMON?
- the only unity is Possession, and there is no Right of Survivorship