Law School Discussion

Property / Future Interest Q

Property / Future Interest Q
« on: May 10, 2007, 01:42:43 PM »
O conveys BL to A for life, and then to B so long as the property is used for farming.

I'd like to hear your responses to what interest O, A, and B have.

The real question I have: Is "vested remainder in fee simple determinable" a proper classification of B's interest?

Thanks.

wardwilliams

Re: Property / Future Interest Q
« Reply #1 on: May 10, 2007, 02:38:07 PM »
O conveys BL to A for life, and then to B so long as the property is used for farming.

I'd like to hear your responses to what interest O, A, and B have.

The real question I have: Is "vested remainder in fee simple determinable" a proper classification of B's interest?

Thanks.


A has a life estate, B has a fee simple determinable, and O has a possibility of reverter ("so long as" are words of duration creating a fee simple determinable).

Re: Property / Future Interest Q
« Reply #2 on: May 10, 2007, 03:20:05 PM »
"Fee Simple Determinable" is a present possessory estate.  The interest given to B in the example I posted is certainly a future interest, so there's no way that it is an FSD.  Although I do agree that "so long as" would normally indicate that it is an FSD (if it were not a future interest).

For the interests you classified, wouldn't it need to be: To B so long as the property is used for farming.  ?

GA-fan

Re: Property / Future Interest Q
« Reply #3 on: May 10, 2007, 04:14:11 PM »
Hazard, you're correct, but you might want to specify if you're talking about common law or modern law. At modern law,  A has a LE, B has a Vested Remainder in FSD, and O has a possibility of reverter.
At common law, A has a life estate, B has a vested remainder in Life Estate determinable, and O has an indefeasibly vested reversion in fee simple.
The main difference is when O conveys the vested remainder to B whether it's a fee simple interest since he didn't say "and his heirs."

gordonma

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Re: Property / Future Interest Q
« Reply #4 on: May 10, 2007, 10:23:05 PM »
A= Life Estate, B= Vested remainder subject to divestment, 0= reversion... and it does not violate the rules against perpituities

GA-fan

Re: Property / Future Interest Q
« Reply #5 on: May 11, 2007, 06:58:27 AM »
A= Life Estate, B= Vested remainder subject to divestment, 0= reversion... and it does not violate the rules against perpituities

Incorrect. Sorry- perpetuitites analysis only comes in when analyzing common law (regardless, the remainder was vested so no RAP analysis), and you didn't say what type of estate B had. Divest would mean that B could lose his remainder before it vests, but in this case B necessarily will gain present possession to the property upon A's death and then could only lose the land if he doesn't farm it.