Whats that mean?
ratione soli
by reason of the soil
when a remainder is given to a class that can increase in size, courts will close the class when any class member becomes entitled to distribution or possession
rule of convenience
"to A"
"to A and her heirs"
fee simple [absolute]
"to A for life"
life estate
does not apply if the grantor has clearly manifested an intent to create a future interest in his heirs
rule of construction
livery of seisen
if giving land, give a stick to represent the gift of ALL the land
contingencies make dealing with property difficult
- CL developed several rules to x x of property by eliminating contingent future interests
rules furthering marketability
"so long as"
"while"
"during"
"until"
fee simple determinable
"to A for the life of B"
pur autre vie
lockean labor theory
discovery through creation (labor)
ad coelum
right to the air above and below
- common law: "no remainders in grantee's heirs"
transforms a contingent remainder in grantee's heirs into a vested remainder in the grantee, applies only when the conveyance is in a single instrument (rule of law)
-modern practice
abolished in most states, may still apply to conveyances executed before the abolition of the rule
rule in shelley's case
"but if"
"on condition"
"provided that"
fee simple subject to condition subsequent
shifting executory interest
divests a GRANTEE
ROACH
Running of the statute
Open and notorious possession
Actual and exclusive possession
Continuous possession
Hostile possession
vesting in interest
occurs when a party has a legally certain interest in property
-common law (minority rule): contingent remainders were destroyed if they did not vest before the termination of the preceding life estate
-modern practice (majority rule): contingent remainders are not destroyed
destructibility of contingent remainders
"until... then to..."
"but if... then to"
fee simple subject to executory limitation
springing executory interest
divest the GRANTOR, gap in time, durational language
-common law: "no remainders in grantor's heirs", transforms into a contingent remainder in the grantor's heirs into a reversion in the grantor
doctrine of worthier title
vesting in possession
occurs when a party actually takes possession of property
any conveyance of a future interest in property (real or personal) must be certain to "vest and close" or be certain to "fail" within any life in being at the time of the conveyance plus 21 years, measured from date of the conveyance. Amy interest in a conveyance that violates this restatement of the Rule is void
*only applies to "contingent" future interests held by third parties
rules against perpetuities
"to A and the heirs of her body"
fee tail
-moment of sale
-delivery of gift
-date trust document is signed
-date trust becomes irrevocable
inter vivos transfer
when materials and labor are provided by different parties, the laborer wins possession if:
sufficient value is added AND materials were not willfully taken OR
if they supplied the principal component UNLESS the raw materials are separable
laws of accession