Fee Simple Absolute (FSA): • Alienable • Inheritable • Devisable X ’ s FSA t g
Crea5on of a Fee Simple Absolute: - O conveys the land to A and her heirs • Words of Purchase? • Words of Limita>on? A ’ s FSA t g What about: - O conveys the land to A forever
Fee Simple Absolute (FSA) – FUTURE INTEREST X ’ s FSA t g No Future Interest • nothing leA
Fee Tail (FT): • Not Freely Alienable • Modified Inheritable • Not Devisable X ’ s FT t g Ex
Crea5on of a Fee Tail: - O conveys the land to A and heirs of her body A ’ s FT t g Ex What about: - O conveys the land to A and male heirs of her body
Fee Tail (FT) – FUTURE INTEREST: X ’ s FT O ’ s Reversion t g Ex Reversion to Grantor • inherent in conveyance
Reversion: • Alienable • Inheritable • Devisable O ’ s Reversion X ’ s FT t g Ex What does Reversion become? • Fee Simple Absolute
Life Estate (LE): • Alienable • Not Inheritable • Not Devisable X ’ s LE t g Ex
Crea5on of a Life Estate: - O conveys the land to A for life A ’ s LE t g Ex What about: - O conveys the land to A
Life Estate (LE) – FUTURE INTEREST: X ’ s LE O ’ s Reversion t g Ex Reversion to Grantor • inherent in conveyance
• Contested por>on of EO -- Sec. 3(c) • How does court get involved? • What do the courts order? (what is a TRO?) • How do they differ? • How are they enforced? • Hypos (???) – is this compliance? – No access to counsel at Dulles airport – Detaining Green Card holder at JFK – Removing Green Card holder at DFW – Removing refugee with Visa at Logan • What if they are not complied with?
Fee Simple Determinable (FSD): • Alienable • Inheritable • Devisable X ’ s FSD t g • Automa5c !
Crea5on of a Fee Simple Determinable: - O conveys the land to A and her heirs un=l the land is farmed A ’ s FSD t g What about: - O conveys the land to A un=l the land is farmed - O conveys the land to A and her heirs while the land is not farmed
Fee Simple Determinable (FSD) – FUTURE INTEREST: X ’ s FSD t g O ’ s P/R Possibility of Reverter (P/R) to Grantor: • Inherent in grant • Automa>c
Possibility of Reverter (P/R): • Not Alienable • Inheritable • (Most Likely) Not Devisable X ’ s FSD t g O ’ s P/R What does Possibility of Reverter become? • Fee Simple Absolute
Fee Simple on Condi5on Subsequent (FS/CS): • Alienable • Inheritable • Devisable X ’ s FS/CS t g • Requires Re-entry/Not Automa5c !
Crea5on of a Fee Simple Condi5on Subsequent: - O conveys the land to A and her heirs, but if the land is farmed, then O and her heirs may renter and claim the land A ’ s FS/CS t g What about: - O conveys the land to A and her heirs as long as the land is not farmed
Fee Simple on Condi5on Subsequent (FS/CS) – FUTURE INTEREST: X ’ s FS/CS t g O ’ s R/E Right of Entry (R/E) to Grantor: • Inherent in grant, but usually explicit • Requires actual re-entry ( Power of Termina=on )
Right of Entry (R/E): • Not Alienable • Inheritable • Not Devisable X ’ s FS/CS t g O ’ s R/E What does Right of Entry become? • Fee Simple Absolute
Mahrenholz v. County Board of School Trustees W.E. and Jennie -> Hu]on School in 1941 • “this land to be used for school purpose only; otherwise to • revert to Grantors herein” W.E. and Jennie convey surrounding to Jacqmain in July 1941 • Also convey revisionary interest in school land • W.E. dies intestate July 18, 1951 • Jacqmain convey all to Mahrenholz on Oct. 9, 1959 • Jennie dies intestate February 18, 1969 • Harry only legal heir • School Board starts to use land for storage purposes in 1973 • Harry convey all to Mahrenholz on May 7, 1977 • Recorded on Sept. 7, 1977 • Harry disclaims all interest on Sept. 6, 1977 • Releases in favor of school district •
Mahrenholz v. County Board of School Trustees • “this land to be used for school purpose only; otherwise to revert to Grantors herein” School ’ s ??? t g Whose ???
Mahrenholz v. County Board of School Trustees • Words of Limita=on à FSD • Express Condi=on à FS/CS • North v. Graham – “said tract of land above described to revert to the party of their first part whenever it ceases to be used or occupied for a mee>ng house or church” – FSD • Latham – “their successors and assigns forever, for the uses and purposes hereinaAer men>oned and for NONE other” – FS/CS • McElvain – “This tract of land is to be used for mill purposes, and if not used for mill purposes the >tle reverts back to the former owner” – FS/CS
Mahrenholz v. County Board of School Trustees • Court decides a FSD, overturns lower court • If a FSD, what is the future interest created? • Possibility of Reverter • Automa>c • Only inheritable (in Illinois) • What impact does it have on transfers? • Prior to possible non-school use • AAer possible non-school use • Was the limita>on triggered?
Future Interest in Grantee: Remainders: 1. Must follow an expirable estates; 2. Must be capable of taking effect immediately upon expira>on of preceding estates; and • No Gap • No Springing Interests 3. Cannot take effect before expira>on of preceding estate. • No Culng Short • No ShiAing Interests
• O-> A for life, then to B and her heirs • O-> A and her heirs as long as A mines the land, then to B and her heirs • O-> A and her heirs, but if A stops mining the land, B and her heirs can enter and claim the land
• O-> A for life, then to B and the heirs of her body • O-> A for life, then four years later, to B and his heirs • O-> A for life, but if B is 18, to B and her heirs
Classifying the Remainder: Vested Remainder 1. Remainderman is born and ascertainable; and 2. No condi>on other than expira>on of preceding estate -Otherwise- Con5ngent Remainder
The Remainder: Vested Remainder: • Alienable • Inheritable • Devisable Con5ngent Remainder: • Not Alienable • Inheritable • Devisable
• O-> A for life, then to B and her heirs • O-> A for life, and then to B ’ s heir and her heirs • O-> A for life, and then if B is 21 or older, to B and her heirs • O-> A for life, but if B is 21 or older, then to B and her heirs
GiNs to a Class Vested Remainder Subject to Open 0->A for life, then to A ’ s children and their heirs 0->A for life, then to T ’ s grandchildren and their heirs
Future Interest in Grantee: Remainders: 1. Must follow an expirable estates; 2. Must be capable of taking effect immediately upon expira>on of preceding estates; and • No Gap • No Springing Interests 3. Cannot take effect before expira>on of preceding estate. • No Culng Short • No ShiAing Interests
Classifying the Remainder: Vested Remainder 1. Remainderman is born and ascertainable; and 2. No condi>on other than expira>on of preceding estate -Otherwise- Con5ngent Remainder
• O-> A for life, and then if B is 21 or older, to B and her heirs
One More Present and Future Interest: O-> A and her heirs, but if A does not mine the land, then to B and her heirs • B/4 1536 – A FSA – invalid remainder • AAer 1536 • A has a Fee Simple on Executory LimitaDon • B has an Executory Interest in Fee Simple
Present and Future Interests: Fee Simple on Executory Limita5on (FS/EL): • Alienable • Inheritable • Devisable Executory Interest (EI): • Not Alienable • Inheritable • Devisable
Executory Interest: • No Such Things as Ves>ng • Not Destroyable • Automa>c • O-> A and her heirs as long as A mines the land, then to B and her heirs • A FS/EL • B EI/FSA
• O-> A for life, then four years later, to B and his heirs • A LE* • O Reversion • B EI/FSA • Springing Executory Interest • O-> A and her heirs, as long as the land is not use for commercial purposes, then to B and his heirs • A FS/EL • B EI/FSA • ShiNing Executory Interest
Abolishment of the Doctrine of Destruc5on of Con5ngent Remainders: • O->A for life, then to such of A ’ s children as aRain the age of 21 (assume A has no children at >me of grant) • A LE • A’s Children CR/FSA • O Reversion • If A dies with two children, 4 and 8
Baker v. Weedon Marries Lula • who has Florence and Dele]e • • Florence has Henry, Sarah, and Louise • Dele]e adopts Dorothy Then marries Ella • who has Rachael • Then Anna • “I give and bequeath to my beloved wife, Anna Plaxico • Weddon all of my property both real, personal and mixed during her natural life and upon her death to her children, if she has any, and in the event she dies without issue then at the death of my wife Anna Plaxico Weedon I give, bequeath and devise all of my property to my grandchildren, each grandchild sharing equally with the other.”
Baker v. Weedon AW Children ’ s CR/FSA AW ’ s LE t g Ex JW ’ s Grandchildren CR/FSA
• Affirma>ve Waste • Permissive Waste • Ameliora>ve Waste
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