ESTATES & FUTURE INTERESTS

Type of Estate Present Interest Example of Conveyance To A and his heirs. To A and his heirs so long as no beer is consumed on the premises. To A and his heirs, but if beer is ever consumed on the premises, then O and his heirs shall have the right to enter and declare the estate forfeited. To A and his heirs so long as A does not consume alcohol on the premises, in which event to B and his heirs. 1. To A when he marries. 2. To A 10 years from now. 3. To A for life, and 1 yr. after As [death], to B. To A and the heirs of his body. To A for life. C1. To A for life, remainder to B if B survives A. / remainder to Bs surviving children. C2. To B for life, remainder to C & his heirs if C survives B, but if C dies before B dies, then remainder to D & his heirs. V1. To A for life, remainder to B. V2. To B for life, remainder to C & his heirs, but if C fails to survive B, then to D & his heirs. V3. To A for life, remainder to As children. Grantors Future Interest (no RAP) Grantees Future Interest (RAP all but V1/V2) Special Rules Rule in Shelleys Case

Fee Simple Absolute (FSA) Fee Simple Determinable Fee Simple Subject to Condition Subsequent Fee Simple Subject to Executory Interest

None Possibility of reverter (V) Right of entry / Power of termination (V)

None None

Doctrine of Worthier Title (i.v.) (no RAP application) SOL? (no RAP application)

F e e s :D e f e a s i b l e

FS

None

SOL? (reasonable amt. of time?) Adverse possession difficult

Shifting executory interest None Springing executory interest 1. specified event 2. lapse of time 3. event + time
follows natural termination of

Rule Against Perpetuities Rule of Purefoy v. Rogers (No Rule of Destructibility)

FT

Fee Tail (to oldest son / assumption: indefinite failure of issue applies)

Remainders:
C1. Contingent* C2. Alternative Contingent * V1. [Indefeasibly] Vested V2. Vested subject to total** / V3. Vested subject to open

Reversion n/a for V1 (V)

LE Life Estate (or estate pure autre vie)

Rule Against Perpetuities (except Indefeasibly Vested) Rule of Purefoy v. Rogers Destructibility (merger or nowor-never) (only Contingent) Rule of Convenience & all-ornothing rule (V3 only) Rule Against Perpetuities (except Indefeasibly Vested) Rule in Shelleys Case Doctrine of Worthier Title (i.v.) Destructibility (merger or nowor-never) (only Contingent) Rule of Convenience & all-ornothing rule (V3 only)

Reversion n/a for V1 (V)

* requires occurrence of condition precedent ** requires occurrence of condition subsequent

all are called reversionary interests (FSD/FSCS if ___ ever occurs) + (EI) Invalid: RAP vested interest usually followed by EI (if anything)

remainders to heirs always contingent until ___ dies remainder can contingentvested once class exists once conveyance made (executed): no (-), but (+) OK Abolishment of Destructibility No Rule of Convenience survival requires that lives must overlap tortious feoffment: acceleration of remainder

precedi ately- immedi