MBE real Property In-class activity
MBE real Property In-class activity fee simple absolute - "A conveys black acre to B and his heirs" fee simple determinable - A conveys blackacre to B and his heirs as long as X doesn't happen on proeprty (until, while, as long as) if event occurs, property reverts to grantor fee simple subject to condition subsequent - created by words "provided that, but if, on condition that" A conveys Blackacre to B and her heirs but if liquor is sold on property then A has right of reentry fee simple subject to executory interest - A conveys to B and her heirs but if X, then to John and his heirs If event occurs, title passes to a 3rd person Fee tail - created with words "to B and the heirs of his body" life estate - A by deed conveys Blackacre "to B for life" life estate pur autre vie (changes measuring life) dower - at common law, a widow was entitled to a life estate in 1/3 of the land tha her husband owned in fee simple during marriage curtesy - husband entittled upon wife's death to a life estate in all lands his wife owned during his marriage non-freehold estate: estate for years - how created: L leases blackacre to T for period of X to Y specific time for beginning and ending ends automatically subject to statute of frauds period tenancy; estate from year to year - no specific termination date automatically renews notice is required for termination tenancy at will - "L leases acre to B for as long as L wishes" either party may terminate at will no notice required terminates auto if 1)either dies, 2)tenant commits waste 3)landlord sells property tenancy at sufferance - T wrongfully remains on premises after expiration of tenancy remedies: eviction, create periodic tenancy, or forcible entry which most states prohibit future interest: reversion - A owner in fee simple, conveys blackacre to B for life (A has reversion) Is not destructible, is transferable, is vested, is NOT subject to rule against perpetuities future interest: possibility of reverter - A, owner in fee simple, conveys to B and his heirs as long as property is used for X takes effect automatically upon happening of event created as party of determinable fee - alienable right of re-entry for broken condition - never takes effect automatically created as part fee simple subject to condition subsequent not subject to rule against perpetuities vested remainder - not subject to RAP must follow natural termination of prior estate follows a life estate, fee tail, or estate for years cannot follow a fee simple estate contingent remainder - "remainder to C, if C pays $X" subject to condition precedent or created in favor of an unborn not destructable (modern view) are transferable (modern) subject to claims of creditors subject to RAP shifting executory interests - A, owner in fee, conveys Blackacre to b for life, but if B marries C, then to C and his heirs (C has shifting interest) cuts short prior estate prior estate may be a fee simple, life estate or fee tail subject to RAP alienable and contingent springing executory interest - A owner in fee, devises Blackacre to B and his heirs one year after A's death (B has a springing executory devise) easement - right of one person to enter the land of another and make limited use of property; non-possessory easement prescription - adverse use open/notorious continuous statutory period express easement - by deed or will
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- MBE real Property In-class activity
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- January 2, 2024
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mbe real property in class activity