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

ISBN 13:
9780735549524
ISBN 10:
0735549524
Edition: 2nd
Format: Paperback
Copyright: 01/01/2005
Publisher: Aspen Pub
Newer Edition

Note: Not guaranteed to come with supplemental materials (access cards, study guides, lab manuals, CDs, etc.)

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Summary

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

Preface

xvii

Acknowledgments

xix

Introduction to the Study of Estates and Future Interests

Study Questions

(4)

Possessory Estates

The Nature of the Possessory Estate

(6)

The Fee Simple

(1)

The Fee Tail

(2)

The Life Estate

(1)

The Term of Years

(1)

What Can the Owner of a Fee Simple, a Fee Tail, a Life Estate, or a Term of Years Convey?

(2)

What If the Conveyance Has No Words of Limitation?

(1)

What Happens to the Land When an Inherently Limited Estate Ends?

(1)

Study Questions and Practice Exercises

(4)

Limitations Added to Possessory Estates

No Added Limitations

(2)

Added Limitations

(10)

Recognizing the End of One Estate and the Beginning of Another

(1)

The Determinable Estate

(2)

Estates Subject to a Condition Subsequent

(6)

Non-Fee Simple Estates with Added Limitations

(1)

Two Reminders About Using the Chart

(1)

Memory Work

(1)

Study Questions and Practice Exercises

(5)

Future Interests Retained by the Grantor

No Future Interest Follows a Fee Simple Absolute

(2)

The Grantor's Future Interest Following an Estate That Ends Naturally (A Reversion)

(1)

The Grantor's Future Interest Following a Determinable Estate (A Possibility of Reverter)

(2)

The Grantor's Future Interest Following an Estate Subject to a Condition Subsequent (A Right of Entry)

(2)

Identifying the Durational Nature of the First Future Interest

(2)

Study Questions and Practice Exercises

(3)

Estates Followed by Remainders

Remainders

(4)

Vested and Contingent Remainders

(2)

Ascertained Person

(1)

Class Gifts

(1)

Review of the Requirement That the Holder Be Ascertained

(1)

Condition Precedent

(2)

Remainders That Are Contingent for More Than One Reason

(1)

Adding ``Vested'' and ``Contingent'' to the Chart

(1)

Reversions Following Contingent Remainders

(2)

Alternative Contingent Remainders

(2)

Memory Work

(1)

Study Questions and Practice Exercises

(5)

Estates Followed by Executory Interests

A Determinable Estate Followed by an Executory Interest

(4)

Estates Subject to an Executory Limitation

(4)

Two Future Interests Held by the Second Grantee

(1)

A Note About Interpretation

(1)

Study Questions and Practice Exercises

(5)

Accounting for Additional Future Interests, Class Gifts, and Subsequent Divesting

Additional Future Interests

(6)

Vested Remainders Subject to Divestment

(2)

Describing a Vested Remainder Subject to Divestment

(1)

Vested Remainders Subject to Open

(1)

Study Questions and Practice Exercises

(4)

Shifting and Springing Executory Interests

Review of Shifting Executory Interests

(1)

Springing Executory Interests

(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 Interests

179

(4)

Appendix B: Vocabulary

183

(6)

Appendix C: Answers to Study Questions and Practice Exercises

189

(36)

Appendix D: Practice Exercises for Use in Class

225

(6)

Appendix E: Collection of Outlines and Summary Boxes

231

(12)

Index

243

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

9780735549524

0735549524

Summary

Table of Contents

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

9780735549524

0735549524

Summary

Table of Contents

Write a Review

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