CH 9: Title Assurance Quizlet

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1
O conveys Blackacre to A and his heirs
A has a fee simple absolute.

O has nothing.
2
O conveys Blackacre to Greanspeace, its successors and assigns so long as its premises shall be used for environmental purposes
Greenspeace has a fee simple determinable which will end when premises are no longer used for environmental purposes

O has a possibility of reverter in fee simple absolute.
3
O conveys Blackacre to A and his heirs, but if the premises shall be used for the sale of drugs than O may re-enter and re-possess the premises.
A has a fee simple subject to condition subsequent

O has a power of termination and right of entry.
4
O conveys Blackacre to A for life
A has a life estate measured by A's life.

O has a reversion in fee simple absolute.
5
O conveys blackacre to A for life, and in the event of A's death, to B and his heirs
A has a life estate.

B has a vested remainder in fee simple absolute.

O has nothing.
6
O conveys blackacre to A for life, then to B and his heirs
A has a life estate

B has a vested remainder in fee simple.

O has nothing.
7
O conveys Blackacre to A for life, then to B for five years.
A has a present possessory life estate measured by A's life.

B has a vested remainder in a tenancy for a term of years.

O has a reversion in fee simple.
8
O conveys Blackacre to A, and transfers all of A's interest to B.
A has nothing. A transferred all of his/her interest to B.

B has a life estate measured by A's life.

O has a reversion in fee simple absolute.
9
O conveys blackacre to A for life, then to B and the body of his heirs
A has a present possessory life estate measurable by A's life.

B has a vested remainder in FEE SIMPLE.

O has nothing ;)
10
O conveys blackacre to A for life, then to the Heirs of B. B is alive.
A has a life estate measured by A's life

The heirs of B have a contingent remainder in fee simple.

O ?? Depends on the jurisdiction. If contingent remainder is destroyed, O has a reversion in fee simple. If contingent remainder is recognized, then O has nothing.
11
O conveys blackacre to A for life, then to A's children and their heirs. A has one child B.
A has a present possessory life estate measured by A's life.

A's children have a vested remainder in fee simple SUBJECT TO OPEN.

B has a vested remainder SUBJECT TO DIVESTMENT if A has more children.

O has nothing.
12
O conveys Blackacre to A for life, remainder to such of A's issue as survive him.
A has a present possessory life estate measured by A's life.

SUCH OF As ISSUES as survive him have a contingent remainder in fee simple.

O has a reversion in fee simple subject to defeasance.
13
O conveys blackacre to A for life, then to A's children and their heirs. At the time of the conveyance, A is living with two children B and C. Then A has another child, D. After that A dies.
B, C, D, all have a 1/3rd interest in fee simple.

A has nothing.

O has nothing.
14
O conveys blackacre to A for life, then to A's children who shall reach 20. A's oldest child is 17.
A has a present possessory life estate measured by A's life.

A's children who reach 21 have a contingent remainder in fee simple.

O has reversion in fee simple.
15
After the statute of uses, O conveys blackacre to A and his heirs when A marries.
A has a springing executory interest in fee simple absolute when A marries.

O has a fee simple subject to A's springing executory interest in fee simple absolute when A marries.
16
After the statute of Uses, O conveys blackacre to B and her heirs, but if blackacre is used for non-residential purposes, then to C forever.
B has a fee simple to a shifting executory interest in C if Blackacre is used for non residential purposes.

C has a shifting executory interest IN FEE SIMPLE if Blackacre is used for non-residential purposes.

O has nothing.
17
O conveys blackacre to A and B as joint tenants. B dies leaving H as an heir... what happens?
A has a fee simple absolute.

B has nothing.

O has nothing (B's interest swells to A)
18
O conveys blackacre to A, B, and C, and their heirs. A dies leaving an heir, H.
B, C, and H are all tenants in common with an undivided 1/3 interest in fee simple.
19
O conveys blackacre to A and B as joint tenants. A transfers all of A's interest to C.
B and C are tenants in common, each having an undivided 1/2 interest in fee simple.
20
O conveys blackacre to A, B, C as joint tenants. A then conveys her interest to D. B dies leaving an heir H.
D has an undivided 1/3rd interest in fee simple as a tenant in common with C.

C has an undivided 2/3rd interest in fee simple as a tenant in common with D.

B has nothing (dead)

A has nothing.


O has nothing

H has nothing
21
O conveys blackacre to A and B as tenants by the entirety. At the time of the conveyance A and B are engaged to be married. Three months later they get married.
A and B each have an undivided 1/2 interest in fee simple as tenants in common.
O has nothing.
22
In Hawaii after the Sawada case, Blackacre is held by H and W as Tenants by the Entirety. H and W are married. H gets into debt and a creditor of H, X, sues H to reach Blackacre to satisfy the debt. Will X succeed? Why or why not?
The creditor, X, will not succeed. In Hawaii, after the Swawada case, the H is in the same position as the W was at the common law. At common law, the W could not alienate her 1/2 undivided interest in the whole in Blackacre. Since a creditor can only "go after" property that a debtor spouse could alienate, and since the H is now treated in Hawaii for debtor-creditor purposes the same as the W under common law, H may not unilaterally alienate Blackacre and the creditor of H cannot "go after" Blackacre to satisfy the debt owed by the debtor spouse H.
23
In New York, Blackacre is held by H and W as Tenants by the Entirety and H and W are married. W gets into debt and a creditor of W, X, sues to reach Blackacre to satisfy the debt of W. Will X succeed? Why or Why not?
Yes. X will succeed. New York courts put the W in the same position as the H was at common law. Since, at common law, the H could alienate property held by H and W in a tenancy by the entirety the creditors of W can "go after" W's interest in Blackacre except for W's right of survivorship.
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