 Grant of land that is, in some manner, conditional  Grantee could lose the “bundle of sticks”  Conditions may be added to:  Fee Simple  Life Estate.

Slides:



Advertisements
Similar presentations
Real Property. In Mexico, a notary is a specially-trained lawyer with authorization to act in a quasi- official capacity. Barring evidence of corruption.
Advertisements

 Roads & rights of way  Support  Water  Fences  Air  Light.
© 2007 by West Legal Studies in Business / A Division of Thomson Learning CHAPTER 19 Land-Use Control and Real Property.
DEFEASIBLE FEES DEFEASIBLE FEES Restatement Terms FEE SIMPLE DETERMINABLE (to grantor; automatic) F.S. ON CONDITION SUBSEQUENT (to grantor; must act)
 In favor of a transferee (not the grantor), and  Does not qualify as a remainder.
Texas Real Estate Contracts 4 th Edition © 2015 OnCourse Learning.
1.  1. Future interest held by someone other than grantor ▪ Warning: Not all future interests held by a non- grantor qualify as remainders; they could.
Defeasible Estates. Grant of land that is, in some manner, conditional. Can be added to: Fee Simple Life Estate Term for Years.
Real Property  Land and anything that is permanently attached to land (e.g., buildings, bridge, trees, crops, etc.)  Includes:  buildings  Subsurface.
Copyright © 2004 by Prentice-Hall. All rights reserved. PowerPoint Slides to Accompany BUSINESS LAW E-Commerce and Digital Law International Law and Ethics.
 1. Duration  Forever  Life only  Fixed number of years  Only as long as a condition satisfied.
1. Right to a limited use or enjoyment of another’s land  Does not include the right to possess.  “Smaller” interest than a tenant.
Property Law Estates and Future Interests Boston College Law School November 1, 2006.
Property Law Estates and Future Interests Boston College Law School October 29, 2004.
©OnCourse Learning. All Rights Reserved.. Rights and Interests in Land ©OnCourse Learning. All Rights Reserved. Chapter 3.
 Grant of land that is, in some manner, conditional [not “absolute”]  Grantee could lose the “bundle of sticks”  Conditions may be added to:  Fee.
© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Chapter 48 Real Property Business Law Legal, E-Commerce, Ethical, and International.
© 2012 Cengage Learning. Rights and Interests in Land Chapter 3.
Texas Real Estate Contracts 4 th Edition © 2015 OnCourse Learning.
Real Estate Principles and Practices Chapter 5 Estates, Interests, Deeds, and Title © 2014 OnCourse Learning.
Essentials Of Business Law Chapter 21 Real And Personal Property McGraw-Hill/Irwin Copyright © 2007 The McGraw-Hill Companies, Inc. All rights reserved.
Chapter 26 Estates, Leaseholds, and Regulation of Property.
© 2010 Pearson Education, Inc., publishing as Prentice-Hall 1 REAL PROPERTY © 2010 Pearson Education, Inc., publishing as Prentice-Hall CHAPTER 48.
DEFEASIBLE FEES Cont’d Fee Simple Determinable Fee Simple on Condition Subsequent Mahrenholz v. County Board Distinguishing Fee Simple Determinable from.
Slide Set Sixteen: Real Property: Interests in Land – Time, Possession, Future Interests and Title Limitation Rules 1.
Property I Professor Donald J. Kochan Class
Name and describe the four government powers that affect the ownership of real estate. Describe the two types of estates in land. Define and give examples.
Must be married by midnight on Halloween to receive property under a will.
Mahrenholz P583: [A] grantor should give a FSD if he intends to give property for so long as it is needed for the purposes for which it is given and no.
PROPERTY A SLIDES Friday March 6 Music: Bach, Unaccompanied Cello Suites Yo-Yo Ma, Cello (Released 2006) ALMOST SPRING BREAK.
© 2008 by South-Western, Cengage Learning Chapter 4 Charles J. Jacobus Thomas E. Gillett.
Weekend Schedule Class: Saturday 9:00 a.m.-10:20 a.m. Office Hours (Room 263) –Saturday 11-2 –Sunday 2-4:30 New on Course Page: Comments & Corrections.
Revised Schedule TUE 11/1 8:00-9:20 WED 11/2 8:00-10:00 THU 11/3 8:00-9:20 SAT 11/5 9:00-10:20 MON 11/7 8:00-10:00 (Review) TUE 11/8 8:00-9:10 (Exam)
Slide Set Fifteen: Real Property – Estates in Land
 “To A and the heirs of his (her) body.”  “To A and her (his) issue.”  Words of purchase ▪ “To A”  Words of limitation ▪ “and the heirs of his (her)
Executory Interests. Elements of Executory Interests In favor of a transferee (not the grantor) but, not a remainder.
Right to possess and use forever Right to transfer all present and future rights (inheritable/devisable) Right to liquidate assets Default estate today.
MUSIC: Alicia de Larrocha, Piano THE ART OF ALICIA DE LARROCHA Performances Disc 1: Music of Johann Sebastian Bach & Joseph Hadyn.
Real Estate Principles and Practices Chapter 5 Estates, Interests, Deeds, and Title © 2010 by South-Western, Cengage Learning.
WHITE v. BROWN LIVE OAK Discussion Questions
PLEASE PUT ASSIGNMENT #4 FACE DOWN IN BASKET ON CHAIR  MUSIC: Bach, Concertos for Two Harpsichords ( ) THE ENGLISH CONCERT Trevor Pinnock, Conductor,
Real Estate Investment Chapter 4 Ownership of Real Property © 2011 Cengage Learning.
ESTATES & FUTURE INTERESTS THE SHADOW OF THE PAST:
PROPERTY D SLIDES Thursday March 6 Music: Bach, Unaccompanied Cello Suites Yo-Yo Ma, Cello (Released 2006) Lunch Today: Meet on 12:25 Grossman,
Future Interest Chart. Remainders Held by a third person (not the grantor) Created by the same instrument (deed or will) as the possessory interest Becomes.
THE SHADOW OF THE PAST MUSIC: CHANT THE BENEDICTINE MONKS OF SANTO DOMINGO DE SILOS CHAPTER 6: THE SHADOW OF THE PAST MUSIC: CHANT THE BENEDICTINE MONKS.
Fee Simple Absolute. “To A and his heirs.” “To A” = Words of Purchase [who takes] “and his heirs” = Words of Limitation [what is taken]
© OnCourse Learning Chapter 3 : Rights and Interests in Land.
PROPERTY E SLIDES YOSEMITE: Problem 4I HALF DOME.
PROPERTY D SLIDES Tuesday March 4 Music: Isaac Stern, 60 th Anniversary Celebration (1981) Tuesday March 4 Music: Isaac Stern, 60 th Anniversary.
PROPERTY E SLIDES to Ernie for life then to Burt forever OLYMPIC: (4B) Kermit “to Ernie for life, then to Burt forever.” (Common Law) Ernie: Life.
PROBLEMS A-D Featuring the Mangos: Hutzler;GottLiebowitz;JMason; Sarinsky.
Review pRoblem R Renee conveys “to Stacy for life, then to my heirs, but should Stacy marry before she turns 35, to Marni.” AMBIGUITIES/QUESTIONS?
Prentice Hall © PowerPoint Slides to accompany The Legal Environment of Business and Online Commerce 5E, by Henry R. Cheeseman Chapter 28 Real Property.
 In favor of a transferee (not the grantor), and  Does not qualify as a remainder.
 What did you think of the Awards show? A. Did not watch and do not care. B. Great to see AC/DC perform Highway to Hell. C. Always fun to see Kim and.
Prentice Hall © PowerPoint Slides to accompany The Legal Environment of Business and Online Commerce 4E, by Henry R. Cheeseman Chapter 23 Personal.
Chapter 49 REAL PROPERTY. 2 Nature of Real Property Real property includes land, buildings and fixtures, and rights in others’ land. Real property includes.
 Event must occur before beneficiary may claim the gift.  “I leave $10,000 to X if she is a law school graduate at the time of my death.”
PROPERTY D SLIDES National Grammar Day The past, the present, and the future walked into a bar. It was tense.
National Pancake Day PROPERTY A SLIDES National Pancake Day.
Slide Set Fourteen: Real Property: Interests in Land – Time, Possession, Future Interests and Title Limitation Rules.
National Ravioli Day PROPERTY A SLIDES National Ravioli Day.
VISITORS FROM SECTION J: SEE ME FOR AVAILABLE SEATS
Property Law Estates and Future Interests Boston College Law School
Real Property: Estates in Land Interests in Land – Time and Possession
National Oreo Cookie Day National Dentist’s Day
Real Property: Estates in Land Interests in Land – Future Interests
National Sloppy Joe Day
Conditional Gifts.
Presentation transcript:

 Grant of land that is, in some manner, conditional  Grantee could lose the “bundle of sticks”  Conditions may be added to:  Fee Simple  Life Estate  Term for Years

 “To A and her heirs so long as no alcoholic beverages are sold on the property.”  Word of Purchase = “To A”  Words of Limitation – Fee Simple = “and her heirs”  Words of Limitation – Determinable = “so long as no alcoholic beverages of sold on the property”

 “Magic” words of limitation to create a determinable estate:  “so long as [condition exists]”  “until [condition occurs]”  “while [condition exists]”

 Grantor’s retained interest is a Possibility of Reverter  Automatic divestment when condition breached  But court action may be needed if grantee does not leave voluntarily.

 “To A and his heirs but if alcohol is sold on the premises, the grantor may reenter and claim the land.”  Words of Purchase = “To A”  Words of Limitation – Fee Simple = “and his heirs”  Words of Limitation – Condition Subsequent = “but if alcohol is sold on the premises, the owner may reenter and claim the land.”

 “Magic” words of limitation to create a condition subsequent:  “but if [condition occurs], then”  “provided that if [condition occurs], then”  “on the condition that if [condition occurs], then”

 Grantor’s retained interest is:  Right to Reenter  Power of Termination  Divestment requires grantor’s affirmative act. ▪ Interest could be lost by waiver or estoppel.

 “To A and her heirs so long as no alcoholic beverages are sold on the property, then to B and his heirs.”  Words of Purchase = “To A”  Words of Limitation – Fee Simple = “and her heirs”  Words of Limitation – Executory Limitation = “as long as no alcoholic beverages are sold on the property”  “then to B and his heirs” gives B an executory interest in fee simple absolute

 Interest of third party = Executory Interest  Automatic divestment if condition breached.

Fee Simple Determinable Fee Simple Subject to Condition Subsequent Fee Simple Subject to Executory Limitation

Johnson Park

Packery Channel Park