Property Title And Interests
Summary
In property law, various interests can be created through conveyances. A fee simple subject to an executory limitation means the property will automatically transfer to another party if a condition is met. A shifting executory interest allows the property to shift from one party to another upon the occurrence of a specified event. A contingent remainder depends on a condition being met before the interest becomes possessory. Understanding these concepts is essential for determining the state of title and the rights of parties involved in property transactions.Full Conversation
Question *
In * John Adams deeds Blackacre “to Abigail for life, and then to Quincy five years after her death.”
What is the state of title of Blackacre?
Abigail has a life estate, Quincy has a contingent remainder, John has a reversion.
Abigail has a life estate, Quincy has a vested remainder, John has nothing.
Abigail has a life estate defeasible, Quincy has a shifting executory interest, John has a reversion.
Abigail has a life estate, Quincy has a springing executory interest, John has a reversion.
None of the above
In this scenario, the state of title of Blackacre is:
- Abigail has a life estate.
- Quincy has a springing executory interest (because his interest will not take effect immediately upon Abigail's death, but only after five years).
- John has a reversion (since there is a gap period of five years after Abigail's death before Quincy takes possession).
So the correct answer is:
- Abigail has a life estate, Quincy has a springing executory interest, John has a reversion.
- Abigail has a life estate.
- Quincy has a springing executory interest (because his interest will not take effect immediately upon Abigail's death, but only after five years).
- John has a reversion (since there is a gap period of five years after Abigail's death before Quincy takes possession).
So the correct answer is:
- Abigail has a life estate, Quincy has a springing executory interest, John has a reversion.
Question *
Vlad Dracula conveys Bloodacre “to the American Red Cross as long as it is used as a blood bank, and then to my son-in-law Jonathan.” What is the state of title to Bloodacre?
The American Red Cross has a fee simple subject to an executory limitation; Jonathan has a shifting executory interest; Vlad Dracula has nothing.
The American Red Cross has a fee simple determinable; Jonathan has a contingent remainder; Vlad Dracula has nothing.
The American Red Cross has a fee simple subject to a condition subsequent; Jonathan has a springing executory interest; Vlad Dracula has a reversion.
The American Red Cross has a fee simple subject to an executory limitation; Jonathan has a vested remainder; Vlad Dracula has nothing.
None of the above.
The correct answer is:
- The American Red Cross has a fee simple subject to an executory limitation; Jonathan has a shifting executory interest; Vlad Dracula has nothing.
In this scenario, the American Red Cross holds the property as long as it is used as a blood bank, but if it ceases to be used as such, the property will automatically shift to Jonathan. This creates a fee simple subject to an executory limitation for the American Red Cross and a shifting executory interest for Jonathan. Vlad Dracula retains no interest in the property.
- The American Red Cross has a fee simple subject to an executory limitation; Jonathan has a shifting executory interest; Vlad Dracula has nothing.
In this scenario, the American Red Cross holds the property as long as it is used as a blood bank, but if it ceases to be used as such, the property will automatically shift to Jonathan. This creates a fee simple subject to an executory limitation for the American Red Cross and a shifting executory interest for Jonathan. Vlad Dracula retains no interest in the property.
Question *
In *, Hiram Lodge grants Lodge Mansion “to my daughter Veronica as long as she never marries Archie Andrews, then to the Riverdale Public Library.” At the time of conveyance, Veronica is not married.
What is the state of title to Lodge Mansion?
Hiram Lodge has a reversion, Veronica has a vested remainder, the Riverdale Public Library has a shifting executory interest, Archie Andrews has nothing.
Hiram Lodge has nothing, Veronica has a fee simple subject to an executory limitation, the Riverdale Public Library has a shifting executory interest, Archie Andrews has nothing.
Hiram Lodge has nothing, Veronica has a shifting executory interest, Archie Andrews has a contingent remainder, the Riverdale Public Library has a shifting executory interest.
Veronica has a vested remainder subject to complete divestment, the Riverdale Public Library has a contingent remainder, Archie Andrews and Hiram Lodge have nothing.
None of the above.
Case Rating: *
The correct answer for the state of title to Lodge Mansion is:
- Hiram Lodge has nothing.
- Veronica has a fee simple subject to an executory limitation.
- The Riverdale Public Library has a shifting executory interest.
- Archie Andrews has nothing.
The correct answer for the state of title to Lodge Mansion is:
- Hiram Lodge has nothing.
- Veronica has a fee simple subject to an executory limitation.
- The Riverdale Public Library has a shifting executory interest.
- Archie Andrews has nothing.
Question *
Colin conveys Maryacre “to Ramona for life, then to such of Ramona's children that survive her.”
At the the time of the grant, Colin and Ramona are alive, and Ramona has triplet children. What estate in Maryacre do the triplet children have?
Life estate.
Vested remainder subject to complete divestment in fee simple.
Contingent remainder in fee simple
Vested remainder subject to open in fee simple
None of the above.
Case Rating: *
The correct answer for the estate in Maryacre that the triplet children have is a contingent remainder in fee simple.
This is because the children's interest is contingent upon them surviving Ramona. If they do, they will inherit the property in fee simple.
The correct answer for the estate in Maryacre that the triplet children have is a contingent remainder in fee simple.
This is because the children's interest is contingent upon them surviving Ramona. If they do, they will inherit the property in fee simple.
Tara conveys Airacre "to Jenn for life, remainder to Doug and his heirs, but if Doug fails to live to *, then to Chad and his heirs."
At the time of the grant, Jenn, Doug, and Chad are all living, and Doug is 40 years old. What estate in Airacre do Doug and Chad have?
Doug has a vested remainder subject to complete divestment in fee simple, Chad has a shifting executory interest in fee simple.
Doug has a contingent remainder in fee simple, Chad has a shifting executory interest in fee simple
Doug has a vested remainder subject to partial divestment in fee simple, Chad has a springing executory interest in fee simple
Doug has an indefeasibly vested remainder in fee simple, Chad has a shifting excutory interest in fee simple.
None of the above.
Case Rating: *
In the scenario where Tara conveys Airacre "to Jenn for life, remainder to Doug and his heirs, but if Doug fails to live to *, then to Chad and his heirs," the correct estate interests are:
- Doug has a vested remainder subject to complete divestment in fee simple.
- Chad has a shifting executory interest in fee simple.
This means Doug's interest is vested because he is ascertainable and there is no condition precedent to his interest vesting, but it is subject to divestment if he does not live to be *. Chad has a shifting executory interest because his interest will only take effect if Doug fails to live to *, shifting the interest from Doug to Chad.
Do you have any other questions regarding property interests?
In the scenario where Tara conveys Airacre "to Jenn for life, remainder to Doug and his heirs, but if Doug fails to live to *, then to Chad and his heirs," the correct estate interests are:
- Doug has a vested remainder subject to complete divestment in fee simple.
- Chad has a shifting executory interest in fee simple.
This means Doug's interest is vested because he is ascertainable and there is no condition precedent to his interest vesting, but it is subject to divestment if he does not live to be *. Chad has a shifting executory interest because his interest will only take effect if Doug fails to live to *, shifting the interest from Doug to Chad.
Do you have any other questions regarding property interests?
Question *
Oren holds a fee simple absolute. Oren conveys "to Ted for life, then to Ted's first child to graduate from high school and his heirs.” Ted has a *-year-old son, Ken, presently in the 11th grade. At the time of the grant, which of the following is correct?
Ken has a vested remainder subject to open.
Ken has a shifting executory interest
Ken has a contingent remainder
Ken has a springing executory interest
None of the above.
Case Rating: *
Ken has a contingent remainder. This is because Ken's interest is contingent upon him graduating from high school, a condition that has not yet been satisfied.
Would you like to ask anything else regarding property interests or any other legal concerns?
Ken has a contingent remainder. This is because Ken's interest is contingent upon him graduating from high school, a condition that has not yet been satisfied.
Would you like to ask anything else regarding property interests or any other legal concerns?
Oscar dies without a will. During his lifetime, he had three children, Alice, Bob, and Charlie. Bob and Charlie predeceased Oscar, while Alice is alive at the time of Oscar’s death. Alice has no children, and Charlie's children all predeceased Oscar. Bob had three children, Frank and George who survived Oscar, and Harriet, who did not. Oscar had one brother, Peter, still living, who has one child, Jacob, and Jacob has one child, Kenneth. Oscar’s mother and father have predeceased him. Oscar had no spouse. Who are Oscar's heirs in a traditional intestate succession system?
His brother Peter since he is the closest living relative.
The state Oscar lived in because he died without a will.
His living child, Alice, and the living grandchildren, Frank and George since those are Oscar's issue.
Only Frank and George since those are the youngest living relatives.
Oscar's heirs cannot be determined given the facts above.
Case Rating: *
In a traditional intestate succession system in Maryland, Oscar's heirs would be:
- Alice, his living child.
- Frank and George, his living grandchildren (children of Bob).
These are Oscar's direct descendants who would inherit his estate.
In a traditional intestate succession system in Maryland, Oscar's heirs would be:
- Alice, his living child.
- Frank and George, his living grandchildren (children of Bob).
These are Oscar's direct descendants who would inherit his estate.
whats the answer?
Case Rating: *
The answer is:
In a traditional intestate succession system in Maryland, Oscar's heirs would be:
- Alice, his living child.
- Frank and George, his living grandchildren (children of Bob).
These are Oscar's direct descendants who would inherit his estate.
The answer is:
In a traditional intestate succession system in Maryland, Oscar's heirs would be:
- Alice, his living child.
- Frank and George, his living grandchildren (children of Bob).
These are Oscar's direct descendants who would inherit his estate.
Oscar conveys a home and associated land, known as Blueacre, "to Alice for life." Alice does not maintain the home and allows it to fall in to disrepair, with the weather causing a large hole in the roof. Can Oscar recover damages or enjoin Alice to maintain the property?
No, because as a holder of a reversion, Oscar has no current rights in the land.
No, because as a holder of a possibility of reverter, Oscar's interest are too speculative to recover damages.
Yes, because this is an example of permissive waste and Oscar holds a reversion which is certain to become possessory.
Yes, because this is an example of ameliorative waste which is recoverable in all jurisdictions
No, because the holder of a present interest has the right to do whatever they want on the land.
Case Rating: *
Oscar can recover damages or enjoin Alice to maintain the property. This is because Alice’s failure to maintain the property constitutes permissive waste, and Oscar, holding a reversion which is certain to become possessory, can take action to protect his future interest.
- Alice has a duty to maintain the property and prevent it from falling into disrepair.
- Permissive waste occurs when the life tenant fails to maintain the property, causing its value to diminish.
Do you have any more questions regarding property law or any other legal issues?
Oscar can recover damages or enjoin Alice to maintain the property. This is because Alice’s failure to maintain the property constitutes permissive waste, and Oscar, holding a reversion which is certain to become possessory, can take action to protect his future interest.
- Alice has a duty to maintain the property and prevent it from falling into disrepair.
- Permissive waste occurs when the life tenant fails to maintain the property, causing its value to diminish.
Do you have any more questions regarding property law or any other legal issues?
QUESTION *
*. Pip has always been close to his two nephews, Dan and Eric. Dan and Eric are the sons of Pip’s sister, Sara. Pip and Sara rarely get along and have been estranged from each other for some time. If Sara dies at this time, Dan and Eric would be her only heirs. Sara becomes sick and has little hope of surviving. Believing Sara will live only a few days, Pip conveys Greenacre to “Sara and her heirs.” Sara miraculously recovers. Who owns Greenacre?
Sara in fee simple.
Dan and Eric as joint tenants in fee simple.
Sara, Dan, and Eric as co-tenants in fee simple.
Sara in life estate, and Dan and Eric have vested remainders in fee simple.
Pip in fee simple.
Case Rating: *
Sara owns Greenacre in fee simple because the conveyance "to Sara and her heirs" grants Sara a fee simple absolute, giving her full ownership of the property.
Would you like to ask anything else regarding property law or any other legal concerns?
Sara owns Greenacre in fee simple because the conveyance "to Sara and her heirs" grants Sara a fee simple absolute, giving her full ownership of the property.
Would you like to ask anything else regarding property law or any other legal concerns?
Question *
Obe conveyed Greenacre to "Ben so long as it is used as a school, and if such use ever ceases, then to Carl, if he is then living.” At the time of the grant, Ben is 90 years old and Carl is five years old. What type of interest in Greenacre does Carl have?
No interest.
Contingent remainder.
Vested remainder subject to complete divestment.
Shifting executory interest.
Springing executory interest.
Case Rating: *
Carl has a shifting executory interest. This is because Carl's interest will divest Ben's interest if the property ceases to be used as a school and Carl is then living. The interest shifts from Ben to Carl upon the happening of the specified condition.
Carl has a shifting executory interest. This is because Carl's interest will divest Ben's interest if the property ceases to be used as a school and Carl is then living. The interest shifts from Ben to Carl upon the happening of the specified condition.
Question *
Professor Smith conveys his property "To George Mason University, for as long as it is used as a law school clinic." What are the interests in the property?
GMU has a fee simple defeasable, Professor Smith has a power of termination.
GMU has a fee simple subject to a condition subsequent, Professor Smith has a power of termination.
GMU has a fee simple defeasable, Professor Smith has a possibliity of reverter.
GMU has a fee simple defeasable, Professor Smith has a reversion.
GMU has a fee simple absolute, Professor Smith has nothing.
Case Rating: *
Answer: GMU has a fee simple defeasible, Professor Smith has a possibility of reverter.
This is because Professor Smith's conveyance to GMU is conditional on the property being used as a law school clinic. If this condition ceases, the property would automatically revert to Professor Smith, creating a possibility of reverter.
Answer: GMU has a fee simple defeasible, Professor Smith has a possibility of reverter.
This is because Professor Smith's conveyance to GMU is conditional on the property being used as a law school clinic. If this condition ceases, the property would automatically revert to Professor Smith, creating a possibility of reverter.
Question *
Sally conveys a vacant lot "to the City of Compton, on the condition that it is used as a park, and if it ceases to be used as a park, to my son Charlie and his heirs." What interests do the parties have in the lot?
Sally has a power of termination, the City has a fee simple subject to a condition subsequent, Charlie has a shifting executory interest.
Sally has nothing, the City has a fee simple defeasable, Charlie has a vested remainder.
Sally has nothing, the City has a fee simple subject to an executory limitation, Charlie has a shifting executory interest.
Sally has nothing, the City has a fee simple subject to an executory limitation, Charlie has a contingent remainder.
Sally has a possibility of reverter, the City has a fee simple defeasable, Charlie has a vested remainder.
Case Rating: *
The correct answer is:
- Sally has nothing, the City has a fee simple subject to an executory limitation, Charlie has a shifting executory interest.
Would you like to ask anything else regarding property law or any other legal concerns?
The correct answer is:
- Sally has nothing, the City has a fee simple subject to an executory limitation, Charlie has a shifting executory interest.
Would you like to ask anything else regarding property law or any other legal concerns?