Estates in Land

Question 1

defeasible fees

Answer 1

fee simple estates that can be terminated upon the happening of a stated event

Question 2

Fee Simple Determinable (and Possibility of Reverter)

Answer 2

• terminates upon the happening of a stated event and automatically reverts to the grantor
• created by durational language (for so long as, while, during, or until)

Question 3

A possibility of reverter is __________, ________, and ________.

Answer 3

transferable, descendible, devisable

Question 4

Fee Simple Subject to Condition Subsequent (and Right of Entry)

Answer 4

• an estate in which the grantor reserves the right to terminate the estate upon the happening of a stated event
• grantor must take some action to terminate
• created by condition language: upon condition that, provided that, but if, and if it happens that

Question 5

Most courts hold that a right of entry is not transferable inter vivos, but they are devisable, and all states agree they are

Answer 5

descendible.

Question 6

fee simple subject to an executory interest

Answer 6

If a fee simple estate terminates upon the happening of a stated event and then passes to a third party rather than reverting to the grantor or giving the grantor a right to terminate, the third party has an executory interest

Question 7

life estate

Answer 7

estate measured by the life or olives of one or more persons

Question 8

life estate pur autre vie

Answer 8

life estate measured by a life other than the grantee’s or when a life tenant conveys his life estate to another

Question 9

doctrine of waste

Answer 9

A life tenant is entitled to any ordinary uses and profits of the land but cannot do anything that injures the interests of a remainderman or reversioner.

Question 10

affirmative (voluntary) waste

Answer 10

Exploitation of natural resources by a life tenant is generally limited to situations when:

(i) necessary for repair or maintenance of the land;
(ii) the land is suitable only for such use; or
(iii) it is expressly or impliedly permitted by the grantor

Question 11

open mines doctrine

Answer 11

if mining was done on the land prior to the life estate, the life tenant can continue mining, but it limited to the mines already open

Question 12

permissive waste

Answer 12

A life tenant is obligated to:

(i) preserve the land and structures in a reasonable state of repair
(ii) pay interest on mortgages;
(iii) pay ordinary taxes on the land;
(iv) pay special assessments for public improvements of short duration

Question 13

ameliorative waste

Answer 13

a change that benefits the property economically

Question 14

A life tenant may alter or demolish existing buildings if:

Answer 14

(i) The market value of the future interests is not diminished; and either
(ii) The remaindermen do not object; or
(iii) A substantial and permanent change in the neighborhood conditions has deprived the property in its current form of reasonable productivity or usefulness

Question 15

4 unities required for joint tenancy

Answer 15

time
title
interest
possession
Joint tenants must take identical interests, at the same time, by the same instrument, with the same right to possession

Question 16

Most states are lien theory states, which means a mortgage does not sever a joint tenancy. The execution of a mortgage in _______ theory states, however, does sever a joint tenancy.

Answer 16

title

Question 17

ways to sever tenancy by the entirety

Answer 17

death
divorce
mutual agreement
execution by a joint creditor of both spouses

Question 18

If one co-tenant wrongfully ousts another co-tenant from possession of the whole or any part of the premises, the ousted co-tenant is entitled to

Answer 18

receive her share of the fair rental value of the property for the time she was wrongfully deprived of possession.

Question 19

The doctrine of part performance may be used to enforce an otherwise invalid oral contract of sale, provided the

Answer 19

acts of part performance unequivocally prove the existence of the contract.