Property Play Date

Co-Ownership and Marital Interests

100

what is a straw person

intermediate person used to create joint tenancies at common law

200

What are the required unities for a tenancy by the entirety

marriage

time

title

interest

possession

300

A, B, and C own a parcel of property as tenants in common. They each have an undivided 1/3 interest in the property. C dies. What is the state of title?

A and B each have an undivided 1/3 interest as tenants in common. C’s devisees or heirs, as a group, have an undivided 1/3 interest as tenants in common

400

A, B, and C own a parcel of property as joint tenants. They each have an undivided 1/3 share in the property. C dies. What is the state of title?

A and B each have an undivided 1/2 interest as joint tenants

500

O conveys to A, B and C as joint tenants. Subsequently, A conveys his interest to D. B then dies intestate, leaving H as his heir. What is the state of the title?

C has an undivided 2/3 interest as a tenant in common with D. D has an undivided 1/3 interest

Estate Problems

100

O to A for life, then, one day after A dies, to C and his heirs

A PPI L/E

O reversion in FSSEL (gap in time where estate reverts to O temporarily; O is then divested by C)

C Sp E/I in FSA

200

O, owning an indefeasibly vested remainder in a life estate conveys the same, "to A and her heirs, but if A divorces, then to B"

A has a vested remainder subject to total divestment in L/E PAV(O) SEL (because A could divorce before getting possession)

B has a Sh E/I in Indefeasibly vested remainder in L/E PAV(O).

O has nothing

300

O conveys to A for life, then to B and his heirs if B survives A, but if B does not survive A, then to C and his heirs

A PPI L/E

B Contingent remainder in FSA

C alternate contingent remainder in FSA

O has a technical reversion in FSA

400

O to A for life, then to B if B reaches the age of 65. A dies when B is 43 years old

satisfies RAP because B's life can be used as the measuring life. 

BEFORE A DIES:

A PPI L/E 

O Reversion in FSSEL

B contingent remainder in FSA

AFTER A DIES:

O PPI in FSSEL

B Sp E/I in FSA, vesting when B reaches 65

500

O to G's children for their collective lives. then to G's grandchildren in fee simple. G is currently alive. He has two children, H and I. H has two children, J and K. 

"then to G's grandchildren in fee simple" is VOID under RAP

H and I have PPI in joint L/E SEL

G's unborn children have Sh E/I in a joint life estate, which will partially divest H and I when they are born

O has a reversion in FSA

RAP

100

RAP does not apply to...

Charity-to-charity exception: exempt from RAP if both the present estate and future interest are both held by charities

200

• A conveyance to the children of a living person is always ________
• A conveyance to the grandchildren of a dead person is always _______
• A conveyance to the grandchildren of a living person is always ________

A conveyance to the children of a living person is always valid

A conveyance to the grandchildren of a dead person is always valid

A conveyance to the grandchildren of a living person is always void

300

What is the all or nothing rule? Rule of convenience?

“All-or-Nothing Rule”—if an interest of any class member violates RAP, the entire class gift is void; even for persons with the “vested” remainder subject to open

Rule of Convenience—class closes around all ascertained takers as soon as any class member becomes entitled to distribution or possession, even if there is an unmet condition precedent. The person and the gift must both qualify for distribution.

400

What are the two absurd fact patterns?

The unborn widow: 

• Unborn widow because there is a possibility, even if it is slim, that A will marry someone who has not yet been born. Can never use an unborn widow as a measuring life.

Fertile Octogenarian:

as long as you are alive, we presume that you can have kids (whether your 2 or 200; does not matter)

500

What are the modern modifications to RAP

• Separability Doctrine—suggests that the interest should be separated into component parts, only voiding the parts that are invalid under RAP
• Cy Pres—salvage legislation, make the best equivalent. Rewrite the option or conveyance to be valid under RAP. Does not mean to just cut out the invalid part, you must adjust them to fit RAP.
• Wait and See—Arises because RAP issues only come from dispute; looks to see if the facts as they now exist, at the conclusion of the measuring life, fall within the perpetuities period.

Rules Furthering Marketability

100

Destructibility of contingent remainders?

Contingent remainders are destroyed if it did not vest in interest before the natural termination of the estate

200

What is the doctrine of merger?

Doctrine of Merger—when one person has both the present possessory and future interest, merge

300

What is the Doctrine of Worthier Title?

The Doctrine of Worthier Title—modern majority rule of construction, always apply unless explicitly told not to. Provides that where there is an inter vivos conveyance of land by a grantor to a person, there can be no future interest created in the grantor’s heirs, rather a reversion is retained by the grantor.

400

What is the rule in Shellys case?

The Rule in Shelly’s Case—at common law ONLY, there can be no contingent remainders in a grantee’s heirs. You don’t cross out anything, you rewrite the contingent remainder as vested in the grantee

• E.g. “to A for life then to A’s heirs” becomes “to A for life, then to A” (here, you apply merger so A has a FSA)

500

Apply the rule in Shellys case:O to A for life, then to A's heirs

O to A for life. Then to A

Waste

100

Affirmative waste?

• Affirmative Waste—voluntary acts that decrease the value of a future interest. He life tenant may not consume or exploit the natural resources on the property

200

Permissive waste?

• Permissive Waste—failure to act, allows the property to fall into disrepair. Life tenant has obligations: reasonable repair, payment of taxes, payment of special assessments for public improvements, payment on encumbrances (no obligation to insure premises)

300

Ameliorative Waste?

• Ameliorative Waste—substantial changes to the property that increase value (but may decrease character). A life tenant is only allowed to substantially alter the property if the market value of the future interest is not diminished and either:
• The holder of the reversion or remainder does not object or
• A substantial and permanent change in the neighborhood conditions has deprived the property of reasonable productivity or usefulness in its current form

400

What are judicial sales? are they common? what are the general, equity, and extreme economic distress rules?

• Judicial sales—generally, it is extraordinary for a court to order a sale
• General rule—if all remaindermen are known and competent, then leave the matter for the owners to settle
• Equity rule—court will make sure what is in the best interest of all parties when not all the parties are known or competent adults
• Extreme economic distress rule—court will intervene to address extreme economic distress to a party

500

What are the four exceptions to affirmative waste?

• Reasonable amounts for repair and maintenance
• When life tenant is given express permission in the grant
• When, prior to the grant, the land was used in such exploitation
• Where land is suitable only for such exploitation (e.g. a mine)