ELFI Ch 6.txt

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Author:
dschnelldavis
ID:
39290
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ELFI Ch 6.txt
Updated:
2010-10-03 12:50:12
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Law Property
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Estates in Land and Future Interests, Chapter 6
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  1. 6.1: If the future interest following a fee simple determinable is in a second grantee, what is it called?
    Executory interest
  2. 6.2: What do we call the future interest following a fee simple subject to an executory limitation?
    Executory interest
  3. 6.3: What do we call a second grantee's future interest when it follows a conveyance like "to A and her heirs until B retires from the Army"?
    Executory interest
  4. 6.4: To whom does an executory interest belong?
    A grantee
  5. 6.5: Distinguish between an executory interest and a right of entry or possibility of reverter.
    An executory interest is a future interest held by a grantee, while a right of entry or possibility of reverter is a future interest retained by the grantor.
  6. 6.6: What are the common words of temporal limitation that signal a determinable estate followed by an executory interest?
    Until, while, during, so long as
  7. 6.7: What are the common words of express condition that signal an estate subject to an executory limitation (followed by an executory interest)?
    But if, however, on condition that, provided that
  8. 6.8: Does an executory interest take effect automatically upon the happening of the condition?
    Yes
  9. 6.9: What do we call a second grantee's future interest that follows a life estate determinable?
    Remainder
  10. 6.10: Of the future interests following an estate with an added limitation, which is the only one that does not operate automatically upon the happening of the condition?
    Right of entry
  11. 6.11: O to A and his heirs, but if A does not graduate from college, then to B.
    Draw lines to separate the descriptions of the various estates. What is the state of the title?
    • O to A and his heirs, | but if A does not graduate from college, then to B. |
    • A: possessory estate in fee simple subject to executory limitation
    • B: executory interest in fee simple absolute
  12. 6.12: O to A while being used as a farm. Draw lines to separate the descriptions of the various estates. What is the state of the title?
    • O to A while being used as a farm. |
    • A: possessory estate in fee simple determinable
    • O: possibility of reverter in fee simple absolute
  13. 6.13: O to A and her heirs until no longer used for a church, then to B. Draw lines to separate the descriptions of the various estates. What is the state of the title?
    • O to A and her heirs until no longer used for a church, | then to B.
    • A: possessory estate in fee simple determinable
    • B: executory interest in fee simple absolute
  14. 6.14: O to A for life. Draw lines to separate the descriptions of the various estates. What is the state of the title?
    • O to A for life. |
    • A: possessory estate in life estate
    • O: reversion in fee simple absolute
  15. 6.15: O to A and her heirs; however, if used for a pool hall, then to B and his heirs. Draw lines to separate the descriptions of the various estates. What is the state of the title?
    • O to A and her heirs; | however, if used for a pool hall, then to B and his heirs. |
    • A: possessory estate in fee simple subject to an executory limitation
    • B: executory interest in fee simple absolute
  16. 6.16: O to A and her heirs, provided that the land is always farmed. Draw lines to separate the descriptions of the various estates. What is the state of the title?
    • O to A and her heirs, | provided that the land is always farmed. |
    • A: possessory estate in fee simple subject to a condition subsequent
    • O: right of entry in fee simple absolute
  17. 6.17: O to A, on condition that the land is always used as a church, but if not, then to B. Draw lines to separate the descriptions of the various estates. What is the state of the title?
    • O to A, | on condition that the land is always used as a church, but if not, then to B. |
    • A: possessory estate in fee simple subject to an executory limitation
    • B: executory interest in fee simple absolute
  18. 6.18: O to A and the heirs of his body. (Assume the original version.) Draw lines to separate the descriptions of the various estates. What is the state of the title?
    • O to A and the heirs of his body. |
    • A: possessory estate in fee tail
    • O: reversion in fee simple absolute
  19. 6.19: O to A for the life of B. Draw lines to separate the descriptions of the various estates. What is the state of the title?
    • O to A for the life of B. |
    • A: possessory estate in life estate pur autre vie
    • O: reversion in fee simple absolute
  20. 6.20: O to A, but if A cuts timber on the property, then to B and her heirs. Draw lines to separate the descriptions of the various estates. What is the state of the title?
    • O to A, | but if A cuts timber on the property, then to B and her heirs. |
    • A: possessory estate in fee simple subject to an executory limitation
    • B: executory interest in fee simple absolute
  21. 6.21: O to A for life; however, if A rents the property, then to B and his heirs. Draw lines to separate the descriptions of the various estates. What is the state of the title?
    • O to A for life; | however, if A rents the property, then to B and his heirs. |
    • A: possessory estate in life estate subject to an executory limitation
    • B: executory interest in fee simple absolute
    • O: reversion in fee simple absolute [O has a reversion because if A doesn't rent the property, B's future interest will never become possessory, and the property will revert to O after A's life estate.]
  22. 6.22: O to A for 25 years if A so long live. Draw lines to separate the descriptions of the various estates. What is the state of the title?
    • O to A for 25 years if A so long live. |
    • A: possessory estate in a term of years determinable
    • O: reversion in fee simple absolute
  23. 6.23: O to A for 49 years or until the land lies fallow, whichever is first, then to B. Draw lines to separate the descriptions of the various estates. What is the state of the title?
    • O to A for 49 years or until the land lies fallow, whichever is first, | then to B. |
    • A: possessory estate in a term of years determinable
    • B: vested remainder in fee simple absolute
  24. 6.24: O to A for life, then to B. Draw lines to separate the descriptions of the various estates. What is the state of the title?
    • O to A for life, | then to B. |
    • A: possessory estate in life estate
    • B: vested remainder in fee simple absolute
  25. 6.25: O to A and her heirs until B reaches 25, then to B. Draw lines to separate the descriptions of the various estates. What is the state of the title?
    • O to A and her heirs until B reaches 25, | then to B. |
    • A: possessory estate in fee simple determinable
    • B: executory interest in fee simple absolute
  26. 6.26: O to A and her heirs; however, if B reaches 25, then to B. Draw lines to separate the descriptions of the various estates. What is the state of the title?
    • O to A and her heirs; | however, if B reaches 25, then to B. |
    • A: possessory estate in fee simple subject to an executory limitation
    • B: executory interest in fee simple absolute
  27. 6.27: O to A for life or until B reaches 25, then to B. Draw lines to separate the descriptions of the various estates. What is the state of the title?
    • O to A for life or until B reaches 25, | then to B. |
    • A: possessory estate in life estate determinable
    • B: vested remainder in fee simple absolute
    • O: no future interest [O has no reversion because B doesn't have to reach 25 in order to become possessory. The condition "until B reaches 25" is simply one way A's life estate can end. Whether A's life estate ends by A's death or by B's 25th birthday, B's future interest will become possessory. Even if B dies before A dies, B's interest will become possessory, enjoyed by B's heirs or devisees.]
  28. 6.28: O to A and her heirs, on condition that A does not use the property for a tavern, but if A uses the property for a tavern, then to B. Draw lines to separate the descriptions of the various estates. What is the state of the title?
    • O to A and her heirs, | on condition that A does not use the property for a tavern, but if A uses the property for a tavern, then to B. |
    • A: possessory estate in fee simple subject to an executory limitation
    • B: executory interest in fee simple absolute
  29. 6.29: O to A, provided that the city does not change the property's zoning classification, otherwise to B. Draw lines to separate the descriptions of the various estates. What is the state of the title?
    • O to A, | provided that the city does not change the property's zoning classification, otherwise to B. |
    • A: possessory estate in fee simple subject to an executory limitation
    • B: executory interest in fee simple absolute
  30. 6.30: O to A while A is attending State University, then to B. Draw lines to separate the descriptions of the various estates. What is the state of the title?
    • O to A while A is attending State University, | then to B. |
    • A: possessory estate in fee simple determinable
    • B: executory interest in fee simple absolute

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