Present estates - Next Generation Bar Exam

  1. What is permissive waste?
    A life tenant's failure to maintain the property, pay taxes, or make reasonable repairs. The life tenant's duty is limited to the extent of income or rental value from the property.
  2. What is a life estate pur autre vie?
    A life estate measured by the life of someone other than the holder. It may arise when a life tenant conveys the life estate to another.
  3. What is ameliorative waste?
    A change by a possessory tenant that increases the property's value. Under modern law, it is permitted if it does not harm future interest holders or a change in conditions justifies it.
  4. What is a fee simple subject to a condition subsequent?
    A fee simple that the grantor may terminate after a stated event occurs. It is created by conditional language such as 'but if' or 'provided that,' with a reserved right of entry.
  5. What is the status of the fee tail in most US jurisdictions?
    It has been abolished or converted into a fee simple. Language that once created a fee tail is generally treated as creating a fee simple.
  6. What is the effect of the words 'and his heirs' in a conveyance 'to A and his heirs'?
    They are words of limitation describing the estate, and give the heirs no interest. A may convey the fee simple without the heirs' consent.
  7. What is a fee simple absolute?
    The largest estate in land, of potentially infinite duration and freely transferable. Language such as 'to A' or 'to A and her heirs' creates it.
  8. When language is ambiguous between a fee simple determinable and a fee simple subject to a condition subsequent, which do courts prefer?
    A fee simple subject to a condition subsequent. Courts disfavor automatic forfeitures.
  9. O conveys 'to A so long as no alcohol is served on the land.' A serves alcohol. What is the effect?
    A's estate ends automatically and title reverts to O. Durational language creates a fee simple determinable.
  10. A life tenant cuts down and sells all the timber on wooded land not used for timbering before the life estate began. What claim do the remaindermen have?
    Voluntary waste. Removing timber not consistent with prior use impairs the remaindermen's interest.
  11. Under the open mines doctrine, when may a life tenant extract minerals?
    Only from mines already open when the life estate began, unless the grant permits otherwise. Opening new mines is voluntary waste.
  12. What is a fee simple determinable?
    A fee simple that ends automatically when a stated event occurs. Durational language such as 'so long as,' 'while,' or 'until' creates it.
  13. What is a fee simple subject to an executory limitation?
    A fee simple that passes to a third party automatically when a stated event occurs. The third party holds an executory interest.
  14. What is the doctrine of waste?
    A life tenant may not use the property in a way that unreasonably impairs its value to future interest holders. Waste may be voluntary, permissive, or ameliorative.

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