Question 1

Which of the following have not been changed by statute in many states?

Accepted Answer

Life estates have generally not been changed by statute in many states, unlike the other options which have seen statutory modifications or abolishment.

Question 2

The grant, "To my husband for life, then to the Osborn Observatory provided that the observatory has a governing board in place," creates which future interest?

Accepted Answer

The interest given to the Osborn Observatory is a contingent remainder because it is dependent on the condition that the observatory has a governing board in place at the time the husband's life estate ends.

Question 3

What are saving clauses?

Accepted Answer

Saving clauses are included in grants to ensure that the terms do not violate the Rule Against Perpetuities, which restricts the time frame within which certain future interests must vest.

Question 4

Which of the following interests allows a grantor to control the use of the land given with language in the grant?

Accepted Answer

A fee simple determinable is an interest in land that automatically reverts back to the grantor if a specified condition occurs, allowing the grantor to control the use of the land through conditions set in the grant.

Question 5

"To A on the condition that the easement be maintained and should the easement not be maintained, the property shall go to the Mesa Public School District for use as an athletic field." A has:

Accepted Answer

A has a fee simple subject to a condition subsequent because the property is granted to A with a condition that if not met, the property may be taken away and given to the Mesa Public School District.

Question 6

"To A on the condition that the easement be maintained and should the easement not be maintained, the property shall go to the Mesa Public School District for use as an athletic field." The Mesa Public School District has:

Accepted Answer

The Mesa Public School District has a right of entry/power of termination because the property will go to the district if the easement is not maintained.

Question 7

"To my niece, Sally, on the condition that liquor never be served on the premises, and should liquor ever be served, I reserve the right to re-enter and take possession of and title to the property." Sally holds the interest of:

Accepted Answer

Sally holds a fee simple subject to a condition subsequent because the grantor has set a condition (liquor never being served) and retains the right to re-enter and reclaim the property if the condition is violated.

Question 8

"To my niece, Sally, on the condition that liquor never be served on the premises, and should liquor ever be served, I reserve the right to re-enter and take possession of and title to the property." The grantor holds the interest of:

Accepted Answer

The grantor holds a power of termination (also known as a right of re-entry) because the condition attached to the grant allows the grantor to reclaim the property if the condition (liquor being served) is violated.

Question 9

R.C. Willey is the sole heir of J.D. Willey. In his will, Willey made the following grant to Toledo College, "To Toledo College, my alma mater, so long as the property is used for a library for the students." Toledo College did build a library on the property in 1988. However, because of increased enrollment, Toledo College needs a larger library and has acquired land on the south side of the campus for purposes of constructing a new and larger library. Toledo has converted the building on the Willey property into a student tutoring center. R.C. Willey wants to know his rights. Which of the following best describes R.C.'s rights in the property?

Accepted Answer

The grant created a fee simple determinable, which automatically reverts to the grantor or their heirs if the condition (using the property as a library) is violated. Since the property is no longer used as a library, R.C. Willey, as the heir, has a right to reclaim the property.

Question 10

Who said, "There is no knowing how estates will go when once they come to be entailed"?

Accepted Answer

This quote is attributed to Jane Austen, reflecting her commentary on the complexities and uncertainties of inheritance laws and practices in her time.

Question 11

Which of the following is covered by the Rule Against Perpetuities?

Accepted Answer

The Rule Against Perpetuities applies to contingent remainders because they are future interests that are not certain to vest within a certain period, typically measured as "lives in being plus 21 years."

Question 12

Which future interest accompanies the creation of a life estate?

Accepted Answer

A remainder is a future interest that follows a life estate and is held by a third party who will take possession after the life estate ends.

Question 13

"To my wife if she survives me. If my wife does not survive me, then to my daughters." What type of estate is created in the daughters?

Accepted Answer

The daughters have an executory interest because their interest will only take effect if the wife does not survive the testator, which is a future event that may or may not happen.

Question 14

"To A so long as she does not allow the construction of wind turbines on the property,"' is an example of:

Accepted Answer

This is an example of a fee simple determinable because it is a type of defeasible fee that automatically ends and reverts to the grantor if a specified condition is violated, in this case, allowing the construction of wind turbines.

Question 15

"To my husband for life, then to my niece, Rebecca, for life, and then to my heirs." The husband holds:

Accepted Answer

The answer of "To my husband for life, then to...

Question 16

"To my husband for life, then to my niece, Rebecca, for life, and then to my heirs." Rebecca holds:

Accepted Answer

Rebecca holds a life estate, as the property is given to her for the duration of her life after the husband's life estate ends.

Question 17

"To my husband for life, then to my niece, Rebecca, for life, and then to my heirs." The heirs hold:

Accepted Answer

The answer of "To my husband for life, then to...

Question 18

Which of the following is correct with regard to the interest that follows in a grantor after a fee simple determinable?

Accepted Answer

A fee simple determinable automatically reverts to the grantor upon the occurrence of a specified event, creating a possibility of reverter, which is a type of reversionary interest.

Question 19

To my husband for life, then when my youngest child reaches age 21, to my children in equal shares. What interest do the children hold?

Accepted Answer

The children hold an executory interest because their interest will take effect in the future, after the husband's life estate ends and when the youngest child reaches age 21.

Question 20

Classify the following grants.
a. "To the Phoenix Zoo for the time that the property is used for a children's petting zoo."
b. "To my lovely children, Evan and Willard."
c. "To my wife for the lives of my children."
d. "To my niece on the condition that she never use the property for commercial purposes."

Accepted Answer

The answer of Classify the following grants.
a. "To the Phoenix...

Quiz 2: Land Interests: Present and Future

Which of the following have not been changed by statute in many states?

The grant, "To my husband for life, then to the Osborn Observatory provided that the observatory has a governing board in place," creates which future interest?

What are saving clauses?

Which of the following interests allows a grantor to control the use of the land given with language in the grant?

"To A on the condition that the easement be maintained and should the easement not be maintained, the property shall go to the Mesa Public School District for use as an athletic field." A has:

"To A on the condition that the easement be maintained and should the easement not be maintained, the property shall go to the Mesa Public School District for use as an athletic field." The Mesa Public School District has:

"To my niece, Sally, on the condition that liquor never be served on the premises, and should liquor ever be served, I reserve the right to re-enter and take possession of and title to the property." Sally holds the interest of:

"To my niece, Sally, on the condition that liquor never be served on the premises, and should liquor ever be served, I reserve the right to re-enter and take possession of and title to the property." The grantor holds the interest of:

Who said, "There is no knowing how estates will go when once they come to be entailed"?

Which of the following is covered by the Rule Against Perpetuities?

Which future interest accompanies the creation of a life estate?

"To my wife if she survives me. If my wife does not survive me, then to my daughters." What type of estate is created in the daughters?

"To A so long as she does not allow the construction of wind turbines on the property,"' is an example of:

"To my husband for life, then to my niece, Rebecca, for life, and then to my heirs." The husband holds:

"To my husband for life, then to my niece, Rebecca, for life, and then to my heirs." Rebecca holds:

"To my husband for life, then to my niece, Rebecca, for life, and then to my heirs." The heirs hold:

Which of the following is correct with regard to the interest that follows in a grantor after a fee simple determinable?

To my husband for life, then when my youngest child reaches age 21, to my children in equal shares. What interest do the children hold?