Present Estates
O to A so long as the property is used solely for residential purposes.
What is a fee simple determinable?
Fee Simple Determinable, Fee Simple Subject to a Condition Subsequent, and Fee Simple Subject to Executory Limitations are all examples of this kind of present estate.
What is a defeasible estate?
This conveyance violates the RAP:
"O to A, but if the land is ever used for nonresidential purposes, then to B."
Why?
The condition is not personal to someone! Everyone could die and we wouldn't know where the property goes.
This exists when the grantor has a future interest in a fee simple determinable.
What is possibility of reverter?
This type of easement runs with the land AND creates a burdened and servient estate.
What is an appurtenant easement?
Emily to Lindsey and her heirs.
What is a fee simple absolute?
Beyonce deeds Adam her summer home in Cape Cod for life, then to Zainab.
What can Zainab do with the property? When will Zainab take possession?
Zainab can use, sell, give away, devise, or leave the property to her heirs.
She will take possession of the property when Adam dies.
Emily deeds property to Maddie, then to Avanna's first child to graduate from college.
Is this valid according to the RAP? Explain.
This is not valid according to RAP.
What happens if Maddie dies? What if Avanna has a child the day before Maddie dies?
This category exists when the future interest includes unnamed members of a group.
What is a class gift?
This is created when an owner sells parcels of land to create a common scheme of development; covenants made to the seller benefit all parcels within the land and all parcels within the plan are bound by the covenants.
What is a negative reciprocal easement?
O to A on condition that the willow tree remains on the property, then to B.
What is a Fee Simple Subject to Executory Limitations?
Rob gives property to John so long as it is used for residential purposes. John devises the property to his son Mike. Rob and John die ON THE SAME DAY (WHAT?!). A year following their death, Mike decides to turn the property into a tattoo parlor with no residential facilities. What happens next?
The property reverts back to Rob's heirs or devisees automatically!
Adam deeds his apartment to Valerie for life, then to Valerie's children who reach 21.
Is this valid according to RAP? Explain
Valid.
When Valerie dies, she will have had all the children she would have in her life. Even if she gave birth the day before her death, we could determine possession.
This is a description of a third-party remainder that describes an identifiable person at the time of conveyance and has no condition set as a precedent.
What is a vested remainder?
The court case Noone v. Price established that a property owner is entitled to this kind of right in regards to their land.
What is a right to lateral support?
O to A for life, then to B if B has become a medical doctor.
What is a life estate with a contingent remainder?
O to A for life, then to B, but if B marries C, then the property shall revert to O.
What is a Life Estate with a Vested Remainder Subject to Divestment?
Avanna wills Lindsey her home for life, then to Lindsay's grandchildren (Lindsey has 1 child, Zainab, and 1 grandchild, Valerie, at the creation of the interests).
Is this grant valid according to RAP?
No Rule of Convenience --> Void or valid ONLY for Zainab
Rule of Convenience --> Valid (when Lindsey dies, the class closes)
This occurs when O gives present ownership of property to A for life but A deeds the property to B for the remainder of their life (meaning that when A dies, the property reverts back to O).
What is a life estate per autre vie?
This property agreement (subject to the statute of frauds) must (1) be in writing and signed by the grantor, (2) sufficiently describe the easement, (3) sufficiently describe grantee, and (4) is bound by any other requirements described by the state.
What is an express easement?
Valerie to Avanna for life, then to Zainab. If Zainab moves out of Rhode Island, back to Valerie and her heirs.
What is a life estate with a contingent remainder (subject to divestment)
Generally speaking, if the courts have to decide whether an estate is a Fee Simple Determinable or a Fee Simple Subject to a Condition Subsequent, in which category would they most likely want to place the estate?
FSSCS --> violation doesn't automatically lose title and there is a presumption against forfeiture.
DEVISE 1: INVALID -- O to A for life, then to A's widow for life, then to A's children then living.
DEVISE 2: VALID -- O to A for life, then to A's widow for life, then to A's children.
Why is the first devise invalid while the second is valid?
Devise 1: What if the children were all in their fifties and the widow is 20?
Devise 2: Once A's widow dies, who has possession?
This is a rule that some jurisdictions adopt to close a vested remainder subject to open to prevent "the dead hand" from veering too far into the future.
What is the Rule of Convenience?
The only difference between these two property agreements is that one of them requires notice to the owner of the servient estate while the other requires privity of estate (vertical AND horizontal)
What are equitable servitudes and real covenants?
(They both must: (1) be in writing; (2) intend to bind future possessors/runs with the land; (3) touch and concern the land in a way that has a direct effect on its use or value)