Real Property - FL Bar Exam Questions
And Already Passed Answers.
Fee Simple Absolute - Answer Future Interest: NONE
Language to Create: "to A" "to A and her heirs"
Life Estate - Answer Future Interest: can have a reversion, remainder, or executory interest
Language to Create: "for life"
Fee Simple Defeasible (FSD) - Answer Future Interest: Possibility of Reverter (POR) (auto)
Language to Create: "until" "While" "during" "so long as" "shall revert" "shall vest" (aka
durational language)
Fee Simple Subject to a Condition Subsequent (FSSCS) - Answer Future Interest: Right of Re-
entry (RORE) (Not Auto)
Language to Create: "if" "but if" "Re-Enter"
Fee Simple Subject to an Executory Limitation - Answer Future Interest: Executory Interest
(Auto)
Language to Create: language doesn't matter; on forfeit, goes to a THIRD PARTY
Vested Remainder - Answer No conditions on taker; Taker is born and known.
ex: to J for life then to M and his heirs.
J = LE
M = VR
, J = LE
C's daughters = Contingent remainder
Grantor = reversion
Vested Remainder Subject to Open (VSTO) - Answer Created by a gift to a class. any member
of the class will take but so long as more members can be created each member can be partially
divested by having to share. when the class closes, each existing member's remainder becomes
a simple Vested Remainder.
So long as there is at least one VSTO, no reversion in grantor.
Affirmative Waste - Answer Actual, overt conduct causing a decrease in value of the property
(not from neglect)
Permissive Waste - Answer Land is allowed to fall into disrepair. A pattern of neglect by the LT.
LT allows the land to fall into disrepair.
LT must maintain the premises in reasonably good repair and must pay ordinary taxes but only
to the extent of income and profit reaping from land. if no profit, LT required to pay all ordinary
taxes only to the extent of the fair rental value.
when can a life tenant consume/exploit natural resources on the property - Answer LT can
PURGE the land when:
1. Prior Use - prior to the grant, the land was used for exploitation so LT can continue unless
grant says otherwise
2. Reasonable repair - LT may consume natural resources for repair and maintenance
3. Grant - LT may exploit if expressly granted the right to
4. Exploitation - land is suitable only for exploitation
Ameliorative Waste - Answer LT must not alter property value (including increasing it) UNLESS
all future interest holders know and consent
What does the Rule Against perpetuities apply to? - Answer contingent remainders, executory
interests, certain VSTOs
And Already Passed Answers.
Fee Simple Absolute - Answer Future Interest: NONE
Language to Create: "to A" "to A and her heirs"
Life Estate - Answer Future Interest: can have a reversion, remainder, or executory interest
Language to Create: "for life"
Fee Simple Defeasible (FSD) - Answer Future Interest: Possibility of Reverter (POR) (auto)
Language to Create: "until" "While" "during" "so long as" "shall revert" "shall vest" (aka
durational language)
Fee Simple Subject to a Condition Subsequent (FSSCS) - Answer Future Interest: Right of Re-
entry (RORE) (Not Auto)
Language to Create: "if" "but if" "Re-Enter"
Fee Simple Subject to an Executory Limitation - Answer Future Interest: Executory Interest
(Auto)
Language to Create: language doesn't matter; on forfeit, goes to a THIRD PARTY
Vested Remainder - Answer No conditions on taker; Taker is born and known.
ex: to J for life then to M and his heirs.
J = LE
M = VR
, J = LE
C's daughters = Contingent remainder
Grantor = reversion
Vested Remainder Subject to Open (VSTO) - Answer Created by a gift to a class. any member
of the class will take but so long as more members can be created each member can be partially
divested by having to share. when the class closes, each existing member's remainder becomes
a simple Vested Remainder.
So long as there is at least one VSTO, no reversion in grantor.
Affirmative Waste - Answer Actual, overt conduct causing a decrease in value of the property
(not from neglect)
Permissive Waste - Answer Land is allowed to fall into disrepair. A pattern of neglect by the LT.
LT allows the land to fall into disrepair.
LT must maintain the premises in reasonably good repair and must pay ordinary taxes but only
to the extent of income and profit reaping from land. if no profit, LT required to pay all ordinary
taxes only to the extent of the fair rental value.
when can a life tenant consume/exploit natural resources on the property - Answer LT can
PURGE the land when:
1. Prior Use - prior to the grant, the land was used for exploitation so LT can continue unless
grant says otherwise
2. Reasonable repair - LT may consume natural resources for repair and maintenance
3. Grant - LT may exploit if expressly granted the right to
4. Exploitation - land is suitable only for exploitation
Ameliorative Waste - Answer LT must not alter property value (including increasing it) UNLESS
all future interest holders know and consent
What does the Rule Against perpetuities apply to? - Answer contingent remainders, executory
interests, certain VSTOs
