Barbri Property Exam Questions With 100%
Verified Answers!!
fee simple absolute
must be fully alienable --> ignore language of restriction
conditions can be imposed on exercise
rights of first refusal are valid
life estate/ per autre vie
if life tenant dies before measuring life then the estate goes to the life tenant's family until
measuring life dies
voluntary waste
life tenant has to maintain the estate (continue normal use of land. depletion of natural resources
is not waste if thats the normal use)
affirmative action beyond maintenance that causes harm to premises.
permissive waste
life tenant must maintain by making repairs and paying taxes and paying interest on mortgage
devt:
make repairs- ordinary repairs but not replacement. limited to amount of rents and profits
received from land. if no rents or profits then limited to reasonable rental value if tenant using
the land. if no income and not using property then no repair obligation
taxes- must pay all taxes subject to same limitations as repairs. (future interest will want to make
sure this gets done so no tax sale)
mortgage debt- life tenant pays interest but not principal. interest obligation limited to repairs
situation above
,insurance- doesn't have to insure but does have an insurable interest
OPEN MINE DOCTRINE- depletion of natural resources is waste unless normal use of land is
to deplete/i.e. doing it before life estate
ameliorative waste
when alters property that actually increases value. if facts show changed conditions have made
the property relatively worthless then life tenant can alter without liability to future interest.
seisin
no gaps in seisin- need to know who taxpayer is
Future Interests in Grantor
Reversion
Possibility of reverter
Right of re-entry
reversion
where G conveys less than full durational estate
possibility of reverter
when G conveys a fee simple determinable then possibility of reverter. FSD will end
automatically on occurrence of event (so long as, until, during, while)
Right of re-entry
title does not go back automatically. has to execute right. occurs when G conveys Fee Simple on
Condition subsequent (provided however, but if, on condition that). has to have language that
reserved right
have to do it within a reasonable time or barred by laches
Future interests in grantee
,remainders
executory interests
remainder
comes naturally and immediately on termination of preceding estate
either vested or contingent
vested- nothing stands in the way of becoming possessory
contingent- condition that must satisfy before possession
can sue for waste
class gifts and vested remainders subject to open
class gift- group of unnamed persons who fit class description
class remains open to allow for future persons who qualify.
Under a "rule of convenience" the class closes whenever any class member is entitled to
distribution. if you die before testator then gift lapses
RAP violations-
age contingency beyond 21 years in open class
fertile octogenarian
executory interests
cuts short the estate that comes before it
if a future interest is not a remainder then must be an executory interest
can't sue for waste
RAP
applies to executory interests and contingent remainders and vested remainders subject to open
could this future interest possibly vest in the Grantee 21 years after measuring life?
, determined at time conveyance made
will- at T's death
deed- when deed takes effect
revocable- when becomes irrevocable
may be able to use a perp saving clause
right of first refusal might violate RAP
Charity to charity exception
concurrent estates in land
JT
TIC
T by Entirety
restraint on alienation
a restraint will be void if
1. disabling restraint- which purport to make any attempted transfer ineffective
2. forfeiture restraint, under which an attempted transfer results in a forfeiture of interest
3. promissory restraint under which an attempted transfer breaches a covenant
any total restraint on fee simple is void however a restraint for a limited time and for a
reasonable purpose may be upheld.
JT
four unities plus right of survivorship
1. time - vest at same time
2. title- take by same instrument
3. interest- take by same kind and amount of interest
4. possession - identical rights of possession
Verified Answers!!
fee simple absolute
must be fully alienable --> ignore language of restriction
conditions can be imposed on exercise
rights of first refusal are valid
life estate/ per autre vie
if life tenant dies before measuring life then the estate goes to the life tenant's family until
measuring life dies
voluntary waste
life tenant has to maintain the estate (continue normal use of land. depletion of natural resources
is not waste if thats the normal use)
affirmative action beyond maintenance that causes harm to premises.
permissive waste
life tenant must maintain by making repairs and paying taxes and paying interest on mortgage
devt:
make repairs- ordinary repairs but not replacement. limited to amount of rents and profits
received from land. if no rents or profits then limited to reasonable rental value if tenant using
the land. if no income and not using property then no repair obligation
taxes- must pay all taxes subject to same limitations as repairs. (future interest will want to make
sure this gets done so no tax sale)
mortgage debt- life tenant pays interest but not principal. interest obligation limited to repairs
situation above
,insurance- doesn't have to insure but does have an insurable interest
OPEN MINE DOCTRINE- depletion of natural resources is waste unless normal use of land is
to deplete/i.e. doing it before life estate
ameliorative waste
when alters property that actually increases value. if facts show changed conditions have made
the property relatively worthless then life tenant can alter without liability to future interest.
seisin
no gaps in seisin- need to know who taxpayer is
Future Interests in Grantor
Reversion
Possibility of reverter
Right of re-entry
reversion
where G conveys less than full durational estate
possibility of reverter
when G conveys a fee simple determinable then possibility of reverter. FSD will end
automatically on occurrence of event (so long as, until, during, while)
Right of re-entry
title does not go back automatically. has to execute right. occurs when G conveys Fee Simple on
Condition subsequent (provided however, but if, on condition that). has to have language that
reserved right
have to do it within a reasonable time or barred by laches
Future interests in grantee
,remainders
executory interests
remainder
comes naturally and immediately on termination of preceding estate
either vested or contingent
vested- nothing stands in the way of becoming possessory
contingent- condition that must satisfy before possession
can sue for waste
class gifts and vested remainders subject to open
class gift- group of unnamed persons who fit class description
class remains open to allow for future persons who qualify.
Under a "rule of convenience" the class closes whenever any class member is entitled to
distribution. if you die before testator then gift lapses
RAP violations-
age contingency beyond 21 years in open class
fertile octogenarian
executory interests
cuts short the estate that comes before it
if a future interest is not a remainder then must be an executory interest
can't sue for waste
RAP
applies to executory interests and contingent remainders and vested remainders subject to open
could this future interest possibly vest in the Grantee 21 years after measuring life?
, determined at time conveyance made
will- at T's death
deed- when deed takes effect
revocable- when becomes irrevocable
may be able to use a perp saving clause
right of first refusal might violate RAP
Charity to charity exception
concurrent estates in land
JT
TIC
T by Entirety
restraint on alienation
a restraint will be void if
1. disabling restraint- which purport to make any attempted transfer ineffective
2. forfeiture restraint, under which an attempted transfer results in a forfeiture of interest
3. promissory restraint under which an attempted transfer breaches a covenant
any total restraint on fee simple is void however a restraint for a limited time and for a
reasonable purpose may be upheld.
JT
four unities plus right of survivorship
1. time - vest at same time
2. title- take by same instrument
3. interest- take by same kind and amount of interest
4. possession - identical rights of possession
