Property Attack Sheet (Stanford Law)

Christin Hill

Bar Review

 

REAL PROPERTY I. FREEHOLD FREEH OLD ESTATES ESTATES A. Presen Presentt Posse Possesso ssory ry Esta Estates tes Estate Fee si!le absolute

Language to Create “To A and his heirs” “To A”

Fee tail

“To A and the heirs of his body.”

Fee si!le "eterinable

“To A so long as*” “To A until*” “To A while*” #rantor &ust use clear durational language. “To A, but if 2 eent happens, grantor reseres right to reenter and reta3e.” “To A, A, upon up on condition that” “To A, proided proide d that” “To A, but if” #rantor &ust e4pressly resere right or reentry. “To A, but if 2 eent occurs, then to 6.”

Fee si!le sub#e$t to $on"ition subse%uent

Fee si!le sub#e$t to e&e$utory liitation Life estate

“To A for life.” lif e.” “To A for the life of 6.”

Duration

Transferability

 Absolute ownership, of potentially infinite duration.

Devisable (transferable by will), descendibile (transferable by statutes of intestacy if its holder dies w/out a will), alienable (transferable during life). %asses auto&atically to grantee’s lineal descendants.

$asts only as long a there are lineal blood descendants of grantee. %otentially infinite, so long as eent does not occur.

 Alienable, deisable, descendible, subject to condition.

%otentially infinite, so long as the condition is not breached, and thereafter, until the holder of  the right of entry ti&ely e4ercises the power of ter&ination.

 Alienable, deisable, descendible, subject to condition.

%otentially infinite, so long as stated contingency does not occur. 8easured by life of transferee or by so&e other life (pur autre ie).

 Alienable, deisable, descendible, subject to condition.  Alienable, deisable deisable and descendible if pur autre ie and &easuring life is still alie.

1

Future Interest

Notes

None.  A’s  A’s heirs get NT!"N#.

'eersion (if held by grantor) 'e&ainder (if held by third party). %ossibility of reerter (held by grantor). +..-.%..'. 'ight if entry/power of ter&ination (held by grantor). “"t’s &y prerogatie” 5 6obbie 6rown

74ecutory "nterest (held by third party) (shifting or springing) 'eersion (if held by grantor) 'e&ainder (if held by third party).

 'ules re -efeasible +ees 0ords of &ere desire, hope, or intention are insufficient to create a defeasible fee.  Absolute restraints on alienation are 1"-.

9an’t 0'"T7: on the walls.

 No 'aste &ust &a3e reasonable r epairs epairs &ust pay interest charges on the &ortgage &ust pay property ta4es

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Christin Hill

Bar Review

 

(. Future Interests a. In )rantor  i. Reversion created when grantor grants estate of shorter ter& than his own :.  to A for life ( has reersion) ii. Possibility of reverter  future interest held by a transferor of a fee si&ple deter&inable :.  to A so long as 2 ( has possibility of reerter) iii. Right of Entry/ power of termination  created when grantor grants estate by a fee si&ple sub;ect to a condition subse