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10 Cards in this Set
- Front
- Back
Possibility of Reverter (grantor)
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1) Only follows Fee Simple Determinable.
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Right of Entry (grantor)
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1) Only follows FS Subject to condition subsequent.
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Right of Reversion (grantor)
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1) Follows any other interest (not FSD or FS SCS) given by the grantor which is of lesser duration than that she owns.
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Remainder (non-grantor)
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1) Future Interest created in a grantee that is capable of becoming possessory upon the expiration of a prior possessory estate created in the same conveyance in which the remainder is granted.
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Rules of Remainder
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1) Never born alone- created at same time and by the same instrument as the prior estate.
2) Crave company- always accompany a prior estate of known fixed duration, usually a life estate (or term of years) 3) Aren't rude- never cut short a prior estate 4) Don't wait- remainders won't follow a built in time gap between the prior estate and future interest. |
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Types of Remainders
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1) Contingent: created in an unascertained person or is subject to a condition precedent, or both
2) Vested: it is both created in an ascertained person and is not subject to any condition precedent. |
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Executory Interest (non-grantor)
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1) Catch all: Any future interest created in one other than the grantor, which does not meet the rules of remainder.
2) Shifting: always follows a defeasible fee and cuts short someone other than the grantor. 3) Springing: cuts short the interest of the grantor. |
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Shelley's Case (probably not)
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Pre '95, rules against grantee's heirs,held that the remainder was in A, not A's heirs. It then merged into A's life estate to give A a FSA
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Doctrine of Worthier Titles (probably not)
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Pre '95, rules against remainders in grantor's heirs, held that if conveyance was by deed, the future interest was deemed to be in the grantor.
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Rules Against Perpetuities
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Future interest covered by RAP is void if there is any possibility, however remote, that the given interest may vest more than 21 years after the death of a measuring life.
2) Gift from charity to another does not violate RAP. 3) Many shifting executory interest violate RAP. |