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What is a fee simple absolute
a forever and perfect possessory estate. cannot lose it
What is a term of years tenancy
Tenancy that is a fixed duration and agreed upon in advance
can be 1 week, 6 months, 1 year, 10 years
What is a periodic tenancy?
A tenancy for a set period of time that is automatically renewed for successive periods unless one person ends it by giving notice
month-to-month rental
Vested = ?
Ascertainable persons and no condition precedent
What is Fee simple subject to a condition subsequent?
If a condition is broke the grantor can choose to take the land back
- right of re-entry
-conditional language
The interest in the land ends if BOTH occur!
What language does fee simple determinable use? Give an example
Durational Lang. "so long as"
What is tenancy at will
Tenancy that last as long as both parties desire
Define tenancy by the entirety.
Marital estate between spouses and includes right of survivorship
-requires 4 unities PLUS a legally recognized marriage
O devises Tinyacre “to A for life, upon A’s death to B and her heirs so long as B does not drink any alcoholic
beverage.” What is the state of title in Tinyacre at common law?
A= Life estate
B= Vested remainder in a fee simple determinable
List the 3 possible options for Transferors future interest
- right of re-entry
- reversion
- Possibility of reverter
What are the Non-freehold Estates
Tenancy for years (term of years)
Periodic Tenancy
Tenancy at will
Tenancy at Sufferance
What isTenancy at Sufferance
Tenancy created when a person who rightfully took possession continues in possession after that right ends
What is tenancy in common
Each owner has a distinct, undivided interest in the property
Each may transfer his interest to another person
- freely alienable, devisable, and descendable
- no right of suvivorship
What is a fee simple subject to executory limitation
If a condition is broke then the interest in the land will go to a third party
1. Basic Life Estate
O conveys: “To A for life, then to B.”
B holds which future interest?
Indefeasibly vested remainder
Map out the concurrent Estates Chart
WInner winner
What are the 4 unities
possession
interest
time
title
Joint Tenancy
Can be created between two or more co-tenants
-right of survivorship
- neither devisable or descendible
- 4 unities
O conveys: “To A until she stops using the land as a daycare, then to B.”
Which is correct?
A. A has a fee simple determinable; O has a possibility of reverter.
B. A has a fee simple subject to condition subsequent; O has a right of entry.
C. A has a fee simple subject to executory limitation; B has an executory interest.
D. A has a life estate; B has a vested remainder.
C.) A has a fee simple subject to executory limitation
B has an executory interest (shifting?)
O conveys: “To A for life, then to B if B survives A.”
What future interest does B hold?
A. Vested remainder
B. Contingent remainder
C. Vested remainder subject to divestment
D. Executory interest
B.) Contingent remainder
Map Out the Freehold Estates Chart
winner winner chicken dinner (refer to flowchart)
n 2000, O devised Bigacre “to A and his heirs.” In 2015, A died with a legally valid will that left his entire estate to
his wife, W. A was also survived by his three children, X, Y, and Z, and by O. Who is entitled to Bigacre following
A’s death? Choose the answer that is most completely correct:
a. W, because A had a fee simple absolute, which A was free to devise by his will.
b. O, because upon A’s death, title in Bigacre reverts to the grantor.
c. W, X, Y, and Z, assuming that under local statutory law they are A’s legal heirs. They take by purchase,
under the words “and his heirs,” rather than under the intestacy statute.
d. None of the above
A. W, because A had a fee simple absolute, which A was free to devise by his will
A and B own Blackacre as joint tenants. Without telling B, A sells her interest to C. What happens?
A. The joint tenancy continues between all three parties.
B. The conveyance is void without B’s consent.
C. C and B now hold as tenants in common.
D. C and B now hold as joint tenants.
It severs the joint tenancy
C. C and B now hold as tenants in common
O conveys “to A for 10 years, then to such of A’s children as attain age 21.” At the time of the
conveyance, A and O were alive. A had two children, X and Y, ages 20 and 17, respectively
After the conveyance, A has a term of years followed by a contingent remainder in fee simple in which
X and Y have an interest. There is also a reversion in fee simple in O.
O conveys “to A for life, then to A’s children.” A and O are alive at the time of the conveyance. A has
one child, X
After the conveyance, A has a life estate; X has a vested remainder in fee simple subject to open; and
there is a shifting executory interest in fee simple in A’s unborn children.