Question about Life Estate conveyances

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jdubb990
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Question about Life Estate conveyances

Postby jdubb990 » Fri Oct 08, 2010 11:30 am

O conveys a life estate to A. So A has a life estate and then A conveys to B for the life of A so long as a factory is operated on the premises.

Does B have a defeasible estate? It seems he would have a fee simple determinable on the conditions that either when A dies the title reverts to the grantor (O), also on the condition that if B dies the title reverts to A, and also on the condition that the factory is operated on the premises, otherwise title reverts to A.

Am I correct? When an individual who has a life estate, conveys a lesser estate to another individual that is considered a fee simple determinable isn't it?

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kalvano
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Re: Question about Life Estate conveyances

Postby kalvano » Fri Oct 08, 2010 11:37 am

Wouldn't it be more basic than that?

A cannot convey more of an interest than he owns, so no matter the conditions, B's estate is defeasible because when A dies, A's interest reverts back to O.

Anyway, A's transfer to B is a fee simple determinable, I do believe.

Weird situation.

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jdubb990
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Re: Question about Life Estate conveyances

Postby jdubb990 » Fri Oct 08, 2010 11:42 am

yeah, these are exercises in my books. kill me now haha. It seems that B's estate could end any of the three ways I mentioned though. Because if A is still alive and the factory stops running, the estate would be defeased and revert back to A. Right?

Future interests are really more than meets the eye i.m.o..

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kalvano
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Re: Question about Life Estate conveyances

Postby kalvano » Fri Oct 08, 2010 12:03 pm

jdubb990 wrote: Because if A is still alive and the factory stops running, the estate would be defeased and revert back to A. Right?


Yes.

Until A died, then it goes to O.

twopoodles
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Re: Question about Life Estate conveyances

Postby twopoodles » Mon Oct 11, 2010 12:10 pm

Watch yourself using the word "on the condition that." Conditional language implies Fee simply subject to a condition subsequent, rather than fee simple determinable (which should use language of limitation). "So long as" does to me suggest limitation, so I would describe it as a Life estate determinable. Although this situation didn't come up in my class, I don't think you can call it a fee simple at all since there is no possibility of it lasting forever.

Also, why would it go back to A if B dies, it would go to B's heirs until A dies.

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jdubb990
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Re: Question about Life Estate conveyances

Postby jdubb990 » Mon Oct 11, 2010 2:11 pm

I figured all this out after class and got it correct. We just now got to the RAP, so it was irrelevant last week on these problems supra whether or not RAP invalidated the conveyances. I do have a question about RAP however, which I have posed in a separate thread. Help on that question would be much appreciated.




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