Estates

Question 1

Alienable

Answer 1

Transferable inter vivos (during the holders lifetime)

Question 2

Devisable

Answer 2

• Can pass through will but has to be in compliance with statute of wills

Question 3

Descendible

Answer 3

Can pass by the statutes of intestacy if its holder dies intestate aka without a will
- Issue = children, grandchildren then
- Ancestors = parents, grandparents
- Collateral = sisters, brothers, nieces, nephews
- Escheat = state takes
* Spouse was not an heir at common law

Question 4

Fee simple absolute

Answer 4

Rule = This is as close to an unlimited ownership as our law recognizes, it is complete ownership without limitations or conditions, it is the largest estate in terms of duration
- Langu to create = Grantor, O, Conveys, “To A and his/her heirs” or “To A” - common law requires and heirs but under modern it can be either
- Characteristics = alienable, devisable, descendible
- No future interests

Question 5

Fee tail

Answer 5

Rule = fee tail passes to the grantee’s blood lineal descendants no matter what
- Langu to create = Grantor, O, Conveys “To A and the heirs of his/her body”
- Characteristics = only alienable
- Future interests
§ In the grantor, a reversion in fee simple absolute
§ In a third party a remainder in fee simple absolute

Question 6

Life estate

Answer 6

• Language to create = Grantor, O, Conveys, “To A for Life”
• Characteristics = alienable for inter vivos transfer only
• Future interests =
  § In the grantor, a reversion in fee simple absolute
  § In a third party a remainder in fee simple absolute

Question 7

Life estate pur autre vie

Answer 7

• Language to create = Grantor, O, conveys, “To A for the life of B”
• Characteristics = Alienable (inter vivos transfer), Devisable if measuring life is still alive, Descendible if the measuring life is still alive
• Future interests =
  § In the grantor, a reversion in fee simple absolute
  § In a third party a remainder in fee simple absolute

Question 8

Rules of construction for defeasible fees

Answer 8

Clear limiting or conditional language is essentials
i. Words of mere desire, hope, or intention are insufficient to create a defeasible fee
ii. Policy = courts disfavor restriction on the free use of land, so courts will avoid finding a defeasible fee unless clear language is used

• Absolute restraints on alienation (power to sell or transfer) are void
  
  • Courts will construe these words to create a fee simple absolute

Question 9

Fee simple determinable

Answer 9

• Language to create = Grantor O conveys “To A [and his/her heirs] for so long as” or “To A while used for” or “To A during” or “To A until” or …
• Characteristics = Alienable, devisable, descendible
• Future interest = Possibility of reverter in fee simple absolute in O, the grantor
• If the stated limitation is violated forfeiture is automatic

Question 10

Fee simple subject to a condition subsequent

Answer 10

• Language to create = Grantor O conveys “To A [and his/her heirs] but if X occurs, grantor reserves the right to reenter or retake” Or “To A [and his/her heirs] provided, however, that if C event occurs”
• Characteristics = Alienable, devisable, descendible
• Future interest is a right of entry

Question 11

Fee simple subject to executory limitation

Answer 11

*Same as a condition subsequent but also creating a future interest in a third party other than grantor
- But if the limitation is breached forfeiture is automatic just like the fee simple determinable and the property goes to a designated taker

• Language to create = Grantor O conveys “To A [and his/her heirs] but if X event occurs, then to B and his heirs”
• Characteristics = Alienable, devisable, descendible
• Future interest is a right of entry