Present estates - Next Generation Bar Exam
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.