Law School Discussion

Nine Years of Discussion
;

Author Topic: Property / Future Interest Q  (Read 423 times)

Hazarrd

  • Newbie
  • *
  • Posts: 2
    • View Profile
    • Email
Property / Future Interest Q
« on: May 10, 2007, 03:42:43 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

  • Guest
Re: Property / Future Interest Q
« Reply #1 on: May 10, 2007, 04:38:07 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).

Hazarrd

  • Newbie
  • *
  • Posts: 2
    • View Profile
    • Email
Re: Property / Future Interest Q
« Reply #2 on: May 10, 2007, 05:20:05 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

  • Guest
Re: Property / Future Interest Q
« Reply #3 on: May 10, 2007, 06:14:11 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

  • Sr. Citizen
  • ****
  • Posts: 146
  • Cheers
    • AOL Instant Messenger - xikillamikeix
    • View Profile
    • Email
Re: Property / Future Interest Q
« Reply #4 on: May 11, 2007, 12:23:05 AM »
A= Life Estate, B= Vested remainder subject to divestment, 0= reversion... and it does not violate the rules against perpituities
Seton Hall School of Law 1L come the Fall
Lets go Pirates!

GA-fan

  • Guest
Re: Property / Future Interest Q
« Reply #5 on: May 11, 2007, 08:58:27 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.