Jesse Property Outline 1

Jesse Property Outline 1 - 1 Fee simple absolute a...

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1. Fee simple absolute a. Alienable b. Decendible c. Devisable after statute of wills (1540 – you could not devise to third person before this, only to heirs) d. Exceptions to AND HIS HEIRS rule in common law: i. Devise to B is a FSA ii. O deeds BA to the heirs of B. If B is dead, then B’s heir take a FSA. 2. Fee tail a. Prior to 1285, O to A and the heirs of his body was a fee simple conditional (BA is freely alienable if A had issue). b. O has reversion – decendible, devisable and alienable c. REMEMBER: O conveys to A and his heirs but if A dies without issue then to B and his heirs. i. At common law: A has a FEE TAIL, and B has a vested remainder (a reversion) ii. At modern law: A has a fee simple on condition subsequent, B has a shifting executory interest. iii. Also some courts at modern law construe “die without issue” as to mean if A EVER had issue. If A ever had issue even those that are dead, A has a FSA. d. Could be fee tail specials: fee tail male, female, issue only by W. e. O to A and his children (if A had no children at time of conveyance), A has fee tail. Known as first solution in Wild’s case. i. If A had children, they took as joint tenants f. O keeps REVERSION if fee tail is conveyed g. Not freely alienable i. Holder of fee tail can alienate a life estate in the life of owner, then it goes to next successive lineal heir. h. Decendible in modified way (by lineal heirs ONLY) i. Not devisable j. Could still be defeated by common recovery 3. Life estate a. Alienable b. Not decendible (except for pur autre vie) c. Not devisable (except for pur autre vie) d. A disabling restraint on legal life estate is INVALID. Disabling restraints on EQUITABLE life estates are valid (created by trust). e. Waste: i. Permissive waste: LT fails to make repairs (required to make repairs, not required to insure property, not required to rebuild what is destroyed by natural disaster). ii. Affirmative waste: LT destroys property on land iii. Ameliorating waste: LT actually increases value of land, but if grantor intended that the land be used otherwise by remainderman, remainderman can sue for waste.
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4. Fee simple determinable (fee simple on a special limitation, fee simple on a conditional limitation, base fee) O has POSSIBILITY OF REVERTER a. To A and his heirs however, if premises are used for gambling then to X. NOT A FSD! This would violate RAP and A has FSA. However, To A and his heirs so long as it is not used for gambling, if used for gambling then to C. Again, violation of RAP, BUT A still takes a FSD, not FSA! b. Created by so long as, until, while, during c. Alienable, devisable and decendible but all take property subject to limitation d. At common law, the possibility of REVERTER was NOT alienable or devisable but was decendible. i.
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Jesse Property Outline 1 - 1 Fee simple absolute a...

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