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Estates in Land and Future Interests : A Step-By-Step Guide

ISBN: 9780735549524 | 0735549524
Edition: 2nd
Format: Paperback
Publisher: Aspen Pub
Pub. Date: 1/1/2005

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SummaryTable of Contents
This effective ancillary text provides students with a class-tested method for learning the complex terminology and concepts of estates and future interests. By skillfully using graphics, text boxes, and pedagogical techniques that are especially helpful for visual learners, ESTATES IN LAND AND FUTURE INTERESTS: A Step-by-Step Guide, Second Edition, demystifies this particularly confusing subset of first-year property. The book achieves a high degree of clarity by: using one central graphic iquest; a flow chart that identifies the state of a title after a particular conveyance iquest; to link various estates To The future interests that follow them; the complete chart appears on the inside back cover for fast reference taking a step-by-step, process approach to break up the analytical tasks into smaller steps, which reduces the degree to which students get lost in the material providing a variety of opportunities for students to actively engage in the material, including problem sets and answers, study questions, and practice exercises including a carefully crafted vocabulary appendix that allows students to review terms easily and quickly matching coverage to Dukeminier and Krieriquest;s PROPERTY, The leading casebook in the field, and most other Property casesbooks facilitating class presentation for instructors and visual learning for students through a Teacheriquest;s Manual and PowerPoint slides Fully revised for its Second Edition, The text now: covers the USRAP (Uniform Statutory Rule Against Perpetuities) and other statutory revisions To The common law Rule Against Perpetuities includes new exercises responds to user comments
Prefacexvii
Acknowledgmentsxix
Introduction to the Study of Estates and Future Interests
Study Questions
4... MORE
Possessory Estates
The Nature of the Possessory Estate
8(6)
The Fee Simple
9(1)
The Fee Tail
10(2)
The Life Estate
12(1)
The Term of Years
13(1)
What Can the Owner of a Fee Simple, a Fee Tail, a Life Estate, or a Term of Years Convey?
14(2)
What If the Conveyance Has No Words of Limitation?
16(1)
What Happens to the Land When an Inherently Limited Estate Ends?
16(1)
Study Questions and Practice Exercises
17(4)
Limitations Added to Possessory Estates
No Added Limitations
21(2)
Added Limitations
23(10)
Recognizing the End of One Estate and the Beginning of Another
24(1)
The Determinable Estate
25(2)
Estates Subject to a Condition Subsequent
27(6)
Non-Fee Simple Estates with Added Limitations
33(1)
Two Reminders About Using the Chart
33(1)
Memory Work
34(1)
Study Questions and Practice Exercises
34(5)
Future Interests Retained by the Grantor
No Future Interest Follows a Fee Simple Absolute
39(2)
The Grantor's Future Interest Following an Estate That Ends Naturally (A Reversion)
41(1)
The Grantor's Future Interest Following a Determinable Estate (A Possibility of Reverter)
42(2)
The Grantor's Future Interest Following an Estate Subject to a Condition Subsequent (A Right of Entry)
44(2)
Identifying the Durational Nature of the First Future Interest
46(2)
Study Questions and Practice Exercises
48(3)
Estates Followed by Remainders
Remainders
51(4)
Vested and Contingent Remainders
55(2)
Ascertained Person
57(1)
Class Gifts
58(1)
Review of the Requirement That the Holder Be Ascertained
58(1)
Condition Precedent
59(2)
Remainders That Are Contingent for More Than One Reason
61(1)
Adding ``Vested'' and ``Contingent'' to the Chart
61(1)
Reversions Following Contingent Remainders
62(2)
Alternative Contingent Remainders
64(2)
Memory Work
66(1)
Study Questions and Practice Exercises
66(5)
Estates Followed by Executory Interests
A Determinable Estate Followed by an Executory Interest
71(4)
Estates Subject to an Executory Limitation
75(4)
Two Future Interests Held by the Second Grantee
79(1)
A Note About Interpretation
79(1)
Study Questions and Practice Exercises
80(5)
Accounting for Additional Future Interests, Class Gifts, and Subsequent Divesting
Additional Future Interests
85(6)
Vested Remainders Subject to Divestment
91(2)
Describing a Vested Remainder Subject to Divestment
93(1)
Vested Remainders Subject to Open
94(1)
Study Questions and Practice Exercises
95(4)
Shifting and Springing Executory Interests
Review of Shifting Executory Interests
99(1)
Springing Executory Interests
99(2)
Study Questions and Practice Exercises
101(2)
Review of Future Interests in a Second Grantee and the Estates They Follow
Remainders
103(1)
Executory Interests
104(1)
Vested Remainders Subject to Divestment
104(1)
Examples
105(1)
Study Questions and Practice Exercises
106(5)
What Is the State of the Title?
Optional Practice
111(3)
Post-Conveyance Factual Developments
Deaths
114(1)
Removal of Contingencies
115(2)
Subsequent Vesting of a Contingent Remainder
117(1)
Conveyance of a Fee Tail
117(1)
Subsequent Conveyance of a Reversion or a Remainder
118(1)
Future Interests Moving into Possession
119(1)
Merger
120(2)
The Continuation of Conditions: Destruction of Contingent Remainders
122(2)
Study Questions and Practice Exercises
124(5)
More Efforts to Further Alienability
The Rule in Shelley's Case
129(2)
Shelley's Case and Merger
131(1)
The Doctrine of Worthier Title
132(2)
Worthier Title and Merger
134(1)
Review
135(1)
Study Questions and Practice Exercises
136(1)
The Infamous Rule Against Perpetuities
Preparing to Study the Rule
137(3)
Vested Interests vs. Contingent Interests
137(1)
Closed Interests vs. Interests Subject to Open
138(1)
When a Will Is Effective
139(1)
The Fetus (Gestation) Rule
139(1)
Medical Advances in Treating Infertility
139(1)
The Fertile Octogenarian
139(1)
The Unborn Widow
140(1)
The Rule's Purpose
140(3)
The Rule's Meaning
143(3)
Calculating the Permitted Time Period
143(1)
Deciding How Long an Interest Might Remain Contingent
143(2)
Validating Life
145(1)
An Example of an Interest That Violates the Rule
145(1)
A Step-by-Step Approach for Applying the Rule
146(3)
Study Questions
149(2)
Applying the Rule Against Perpetuities
Danger Signs
151(6)
Examples
152(5)
Analyzing Various Kinds of Future Interests
157(5)
Study Questions and Practice Exercises
162(5)
Relief from the Rule Against Perpetuities
The Effect of the Destructibility of Contingent Remainders Doctrine
167(1)
The Charitable Exemption
168(1)
Reforming Invalid Interests
169(1)
Statutory Modifications of the Rule Against Perpetuities
169(2)
Wait For the Common Law Time Period
169(1)
Wait For 90 Years
170(1)
Saving Clauses
171(1)
Study Questions and Practice Exercises
171(5)
Putting It All Together
Study Questions and Practice Exercises
176(3)
Appendix A: An Alternative Outline of Estates and Future Interests179(4)
Appendix B: Vocabulary183(6)
Appendix C: Answers to Study Questions and Practice Exercises189(36)
Appendix D: Practice Exercises for Use in Class225(6)
Appendix E: Collection of Outlines and Summary Boxes231(12)
Index243

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