Mapa mental
Future Interests

Mind map: Future interests
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Future Interests
Retained by Grantor
- Reverter - only for Fee Simple Determinable
- Right of Entry / Power of Termination - only for Fee Simple Subject to Condition Subsequent
- Reversion
- Future interest that arises in a grantor who transfers an estate of lesser quantum than she started with
Retained by Transferree
- 3) Executory interest
- Future interest of defeasible fee NY: abolished distinction below - both called: Remainders Subject to a Condition Precedent
- i) Shifting executory interest
- Always follows a defeasible fee and cuts short someone other than grantor.
- e.g. "To A and her heirs, but if B returns from Canada sometime next year, to B and his heirs"
- B has a shifting executory interest. A has a fee simple subject to B's shifting executory interest.
- ii) Springing executory interest
- Cuts short grantor or grantor's heirs
- e.g. "To A, if and when he marries." A is unmarried.
- A has a springing executory interest. O has a fee simple subject to A's springing executory interest.
- Rule Against Perpetuities applies
- Where no limit on the time within which it must vest violates RAP.
- e.g. "To A and his heirs so long as the land is used for farm purposes, and if the land ceases to be so used, to B and his heirs."
- Offensive future interest stricken: "To A and his heirs so long as the land is used for farm purposes."
- A has a fee simple determinable. Grantor has the possibility of reverter.
- Offensive future interest stricken: "To A and his heirs so long as the land is used for farm purposes."
- e.g. "To A and his heirs so long as the land is used for farm purposes, and if the land ceases to be so used, to B and his heirs."
- Where no limit on the time within which it must vest violates RAP.
- Remainder
- "To A for life, then to B" or "To A for ten years, then to B" Always accompanies a preceding estate of known fixed duration - usually life estate or term of years.
- 1) Vested remainder
- Where remainder is both an ascertained person and is not subject to any condition precedent.
- i) Indefeasibly vested remainder
- Holder of this remainder is certain to acquire an estate in the future.
- e.g. "To A for life, remainder to B." A is alive. B is alive
- If B predeceases A - B's future interest passes by will or intestacy
- ii) Vested remainder subject to complete defeasance / vested remainder subject to total divestment / in NY - vested remainder subject to total defeasance
- Remainderman's taking could be cut short because of a condition subsequent.
- e.g. "To A for life, remainder to B, provided, however, that if B dies under the age of 25, to C"
- If B is under 25 at time of A's death, B still takes. However, B must live to 25 for his estate to retain his interest - otherwise passes to C.
- Grantor's future interest: Reversion
- C has a shifting executory interest
- Class closed = No vested remainder!
- CL Rule of Convenience
- Class closes whenever any member can demand possession.
- Exception: Womb Rule
- CL Rule of Convenience
- Class open
- iii) Vested remainder subject to open
- Additional takers can still join group = partial diminution of share
- e.g. "To A for life, then to B's children." A is alive. B has two children, C and D.
- If C or D predeceases A - share goes to their divsees or heirs
- Rule Against Perpetuities may apply
- Gift that is conditioned on the members surviving to an age beyond 21 violates RAP = void
- e.g. "To A for life, then to such of A's children as live to attain the age of 30." A has two children, B and C. B is 35 and C is 40. A is alive
- Grantor has a reversion
- e.g. "To A for life, then to such of A's children as live to attain the age of 30." A has two children, B and C. B is 35 and C is 40. A is alive
- Gift that is conditioned on the members surviving to an age beyond 21 violates RAP = void
- iii) Vested remainder subject to open
- 2) Contingent remainder
- Where remainder is an unascertained person or is subject to a condition precedent, or both.
- Later person ascertained or condition met
- Contingent remainder becomes: Indefeasibly vested remainder
- Later person ascertained or condition no met
- Grantor's future interest = Reversion
- Rule of destructibility - CL vs. Now
- At common law, a contingent remainder was destroyed if it was still contingent at the time the proceeding estate ended. Rule abolished in NY! Now - if still contingent grantor or grantor's heirs hold estate for remainder subject to B's springing executory interest.
- Rule in Shelly's Case - CL vs. Now
- The Doctrine of Worthier Title
- Rule Against Perpetuities applies
- 3) Executory interest
Informações
- Descrição
- Property Law Mapa Mental sobre Future Interests, criado por Alex Cooper em 03-07-2013.
- Criado por
- Alex Cooper
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