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Lease Dismissal Explanation
Summary
A waste claim may be dismissed if the lease lacks a clause requiring the tenant to prevent weather-related damage. In property conveyance, K and J have a vested remainder subject to open, while D has a contingent remainder due to age conditions. At common law, if a life estate ends before a contingent remainder vests, the remainder is destroyed. B has a contingent remainder based on being alive at As death. Adelphi Countys interest is an executory interest, not a remainder, as it cuts short a prior estate.Full Conversation
O conveyed property “to my son A for life, then to A's children.” At the time of conveyance, A is alive and has two children, K and J, in high school. Which one of the following is true?
(A)
K and J have an executory interest.
(B)
K and J have a vested remainder, subject to open.
(C)
K and J have a contingent remainder.
(D)
The future interest in K and J is void under the Rule Against Perpetuities.
Given the scenario, the correct answer is:
(B) K and J have a vested remainder, subject to open.
Here's a brief explanation:
- K and J have a vested remainder because they are alive and ascertainable at the time of the conveyance.
- The remainder is subject to open because A could have more children in the future who would share in the remainder.
(B) K and J have a vested remainder, subject to open.
Here's a brief explanation:
- K and J have a vested remainder because they are alive and ascertainable at the time of the conveyance.
- The remainder is subject to open because A could have more children in the future who would share in the remainder.
B conveyed Blackacre “to C for life, then to C's daughter D if she reaches *.” C is alive and D is *. Which of the following is true in most modern jurisdictions?
(A)
D has a vested remainder, subject to divestment.
(B)
D has a contingent remainder.
(C)
D has an executory interest.
(D)
D has a vested remainder.
The correct answer is:
(B) D has a contingent remainder.
Here's a brief explanation:
- D's interest is contingent because it depends on the condition of her reaching the age of *.
- Since D is currently *, she has not yet met the condition, making her remainder contingent.
(B) D has a contingent remainder.
Here's a brief explanation:
- D's interest is contingent because it depends on the condition of her reaching the age of *.
- Since D is currently *, she has not yet met the condition, making her remainder contingent.
B conveyed Blackacre “to C for life, then to C's daughter D if she reaches *.” C died when D was 15 years old. What is the state of the title, at common law?
(A)
At common law, D would have Blackacre in fee simple absolute.
(B)
At common law, C would have Blackacre in fee simple absolute.
(C)
At common law, D's remainder would be destroyed and B would have Blackacre in fee simple absolute.
(D)
At common law, Blackacre would escheat to the state.
Case Rating: *
At common law, the correct answer is:
(C) At common law, D's remainder would be destroyed and B would have Blackacre in fee simple absolute.
Explanation:
- At common law, if a life estate terminates before the contingent remainder vests (in this case, D reaching *), the contingent remainder is destroyed. Therefore, B retains Blackacre in fee simple absolute.
At common law, the correct answer is:
(C) At common law, D's remainder would be destroyed and B would have Blackacre in fee simple absolute.
Explanation:
- At common law, if a life estate terminates before the contingent remainder vests (in this case, D reaching *), the contingent remainder is destroyed. Therefore, B retains Blackacre in fee simple absolute.
O conveyed her property “to my partner A for life, then to my daughter B if then living.” Which one of the following is true?
(A)
B has a contingent remainder.
(B)
B has a vested remainder.
(C)
B has an executory interest.
(D)
O has a possibility of reverter.
Case Rating: *
Given the scenario, the correct answer is:
(A) B has a contingent remainder.
Here's a brief explanation:
- B's interest is contingent because it depends on the condition of her being alive at the time of A's death.
Given the scenario, the correct answer is:
(A) B has a contingent remainder.
Here's a brief explanation:
- B's interest is contingent because it depends on the condition of her being alive at the time of A's death.
Frank Goode executed a will that devised his farm Redacre “to Dr. Rodrigo Frausto so long as the property is used to provide medical care for farm animals, but if it ever ceases to be so used, to Adelphi County.”
True or False: At Goode’s death, Adelphi County owns a vested remainder in fee simple determinable.
(A)
True, because of the durational language used in the grant.
(B)
True, because the property is still being used for medical care.
(C)
False, because the County’s remainder is contingent upon the property being used for medical care for farm animals.
(D)
False, because the County’s interest is not a remainder.
Case Rating: *
The correct answer is:
(D) False, because the County’s interest is not a remainder.
Explanation:
Adelphi County’s interest is not a remainder but an executory interest. A remainder follows a life estate or term of years, whereas an executory interest cuts short a prior estate. Adelphi County's interest becomes possessory if the property ceases to be used for medical care for farm animals.
The correct answer is:
(D) False, because the County’s interest is not a remainder.
Explanation:
Adelphi County’s interest is not a remainder but an executory interest. A remainder follows a life estate or term of years, whereas an executory interest cuts short a prior estate. Adelphi County's interest becomes possessory if the property ceases to be used for medical care for farm animals.
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