Deck 2: Land Interests: Present and Future

Question 1

Freehold means that an interest in land is inheritable.

Answer 1

False

Question 2

A fee simple absolute can be conveyed by will.

Answer 2

True

Question 3

Violation of a restriction in a fee simple determinable results in an automatic loss of the present interest.

Answer 3

True

Question 4

Violation of a restriction in a fee simple subject to a condition subsequent results in an automatic loss of interest.

Question 5

A fee tail (at common law) is inheritable only by lineal descendants.

Question 6

In all of the states, a fee tail is treated as a fee simple absolute.

Question 7

A life estate can be transferred by will.

Question 8

A life estate cannot be mortgaged.

Question 9

A life estate can be transferred by the holder.

Question 10

A life tenant has the right of undisturbed possession of the life estate.

Question 11

Creditors cannot accept a life estate as security for a loan.

Question 12

Waste is an act or omission that causes permanent loss to the life estate.

Question 13

A non-freehold estate is non-inheritable.

Question 14

A tenancy for years is properly terminated with one rental period's notice.

Question 15

A tenancy for a period and a periodic tenancy are the same interests.

Question 16

A tenancy at will is created in the same manner as a periodic tenancy.

Question 17

A tenancy at sufferance exists after the termination of a prior lease but before acceptance of rent by the landlord.

Question 18

A tenancy at will can exist by specific agreement.

Question 19

A tenancy at sufferance can continue even after the tenant pays rent.

Question 20

Both the fee simple determinable and the fee simple subject to a condition subsequent are fee simple defeasible estates.

Question 21

"To A for the life of B" creates a life estate in B.

Question 22

"To A for life" is an example of a life estate.

Question 23

"To A so long as the property is not used for a toxic waste dump" is an example of a fee simple subject to a condition subsequent.

Question 24

"To A for ten years" is an example of a life estate.

Question 25

Both the possibility of reverter and right of entry can be transferred inter vivos.

Question 26

A possibility of reverter is a future interest that accompanies the creation of a fee simple subject to a condition subsequent.

Question 27

The possibility of reverter requires some action on the part of the grantor to become a present interest.

Question 28

The fee simple determinable carries with it the future interest of power of termination.

Question 29

Most states have a presumption favoring a fee simple determinable language construction.

Question 30

A reversion follows a fee simple determinable.

Question 31

A remainder is a future interest in one other than the grantor.

Question 32

A vested remainder subject to partial divestment exists when a remainder is given to a group which can expand in size.

Question 33

A vested remainder subject to complete divestment is one that is created by conditional language following the grant.

Question 34

When a remainder is given to the heirs of a then-living person, the remainder is vested.

Question 35

If a contingent remainder fails, the grantor holds a reversion.

Question 36

Only vested remainders can be transferred.

Question 37

An executory interest is a future interest in the grantor.

Question 38

The Rule in Shelley's case applies to remainders given to the heirs of a life estate holder.

Question 39

The Rule Against Perpetuities is applicable only to contingent remainders and executory interests.

Question 40

When there is a gap between present and future interests, an executory interest is created.

Question 41

The Rule Against Perpetuities is applicable to reversions.

Question 42

A possibility of reverter is non-transferable.

Question 43

A life estate plus a remainder equals a fee simple.

Question 44

The Rule Against Perpetuities provides that a grant must vest within 21 years from the time it is made.

Question 45

The Rule in Shelley's Case is applied in all states.

Question 46

"To my son A for life, then if my granddaughter, Sheila, is married, to Sheila" gives Sheila a contingent remainder.

Question 47

"To my son A for life, then if my granddaughter, Sheila, is married, to Sheila." Sheila's interest is void under the Rule Against Perpetuities.

Question 48

"To my alma mater for use as a faculty club and if it is ever not so used, to my son" gives the son a contingent remainder.

Question 49

"To my alma mater for use as a faculty club and if it is ever not so used, to my son" violates the Rule Against Perpetuities and does not apply to the son's interest.

Question 50

The Rule Against Perpetuities has been eliminated or changed in some states.

Question 51

The Rule Against Perpetuities applies to executory interests.

Question 52

"To A" creates a fee simple interest.

Question 53

Many states have eliminated the fee tail.

Question 54

"To A for life, then to B," gives B a vested remainder.

Question 55

Most states no longer recognize freehold estates.

Question 56

A fee tail is a fee simple defeasible.

Question 57

Creditors can treat a fee tail as a fee simple estate.

Question 58

A life estate lasts only as long as the holder is an heir of the grantor.

Question 59

The rule against perpetuities applies to options.

Question 60

The rule in Shelley's Case means that the present and future interests are merged when the grantor has given a life estate to himself and the remainder to his heirs.

Question 61

The rule against perpetuities applies to fee simple determinable.

Question 62

The rule in Shelley's Case applies to leases.

Question 63

"To A for life and then to A's wife if she has not married," is an example of a contingent remainder.

Question 64

If a grantor reserves the right to re-enter the property and take possession of it, then the grantor has created a fee simple.

Question 65

"To A for life" is an example of:

A) A life estate.
B) A life estate pur autre vie.
C) A tenancy for years.
D) A tenancy at will.

Question 66

"To A so long as the premises are used for the operation of a restaurant," is an example of:

A) A fee simple absolute.
B) A fee simple subject to a condition subsequent.
C) A fee simple determinable.
D) Tenancy at will.

Question 67

"To A and the female heirs of her body" is an example of:

A) A fee simple subject to a condition subsequent.
B) A fee simple determinable.
C) A fee tail estate.
D) A life estate.

Question 68

Which of the following land interests is not inheritable?

A) Life estate
B) Fee simple absolute
C) Fee tail
D) Fee simple defeasible

Question 69

Which of the following estates is freehold?

A) Fee tail
B) Estate for years
C) Periodic tenancy
D) Life estate

Question 70

"To A for one year, beginning October 1, 2020" is an example of:

A) Periodic tenancy.
B) Tenancy for years.
C) Fee tail.
D) Life estate.

Question 71

A holdover tenant is:

A) A tenant at sufferance.
B) A tenant at will.
C) Under no obligation to pay rent.
D) A trespasser

Question 72

Which of the following types of estates requires action on the part of the grantor before the estate terminates?

A)Life estate
B)Fee simple determinable
C)Fee simple subject to a condition subsequent
D)Tenancy for a period

Question 73

"To A my beloved wife, for so long as she is in good health" is an example of:

A)A life estate.
B)A fee simple determinable.
C)A fee simple subject to a condition subsequent.
D)A fee tail.

Question 74

W.R. Lynch and Company made a gift of land to the Phoenix Zoo using the following language: "To the Phoenix Zoo so long as the property is used for a children's petting zoo." The Zoo had a petting zoo for children on the property for five years and then began construction of an art museum. W.R. Lynch then sold the land to Marquardt Developers for a condominium project. The Phoenix Zoo has brought suit to halt construction of the project. What type of land interest did the grant from W.R. Lynch to the zoo create?

A)Fee simple determinable
B)Fee simple subject to a condition subsequent
C)Fee simple absolute
D)Tenancy at will

Question 75

Generally, the notice required for termination of a period tenancy is:

A)One year.
B)One month.
C)Six months.
D)One rental period.

Question 76

"To my daughter so long as her husband is alive" is a:

A)Fee simple subject to a condition subsequent.
B)Fee simple determinable.
C)Estate for years.
D)Periodic tenancy.

Question 77

"To my nephew on the condition that the property is never used for a fast food franchise" is a:

A)Fee simple determinable.
B)Fee simple absolute.
C)Fee simple subject to a condition subsequent.
D)Estate for years.

Question 78

"To my daughter provided that the property is used for her primary residence" is a:

A)Fee simple subject to a condition subsequent.
B)Fee simple determinable.
C)Fee tail.
D)Periodic tenancy.

Question 79

"To the city of Scottsdale for 99 years" is a:

A)Fee simple determinable.
B)Fee simple subject to a condition subsequent.
C)Periodic tenancy.
D)Tenancy for years.

Question 80

"To the University of New Mexico for the time that the land is used for an observatory" is a:

A)Fee simple subject to a condition subsequent.
B)Fee simple determinable.
C)Estate for years.
D)Life estate.