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1What is a present estate?
2What are the 10 present estates?
3What are the freehold estates?
4What are the non-freehold estates?
5In general, what three rights are afforded to the holder of a present estate?
6What language in an instrument of conveyance is necessary to convey a fee simple absolute?
7Is a fee simple absolute defeasible by any future event?
8What is the potential duration of a fee simple absolute?
9What is a fee simple subject to an executory limitation?
10What is the merger doctrine?
11What is the duration of a fee simple subject to a condition subsequent?
12In general, what sort of language is used to create a fee simple subject to a condition subsequent?
13What is the duration of a fee simple determinable?
14In general, what sort of language is used to create a fee simple determinable?
15What is a life estate?
16In general, what sort of language is used to create and convey a life estate?
17Can a life estate be set to terminate upon an event that occurs before the end of the life by which the estate is measured?
18What are the two types of future interests that correspond to a life estate?
19Does the merger doctrine apply to life estates?
20Does the life tenant owe the future-interest holder a duty to pay all regular, recurring taxes on the property?
21Between the life tenant and the future-interest holder, which party is generally responsible to pay special assessments on the property?
22Between the life tenant and the future-interest holder, which party is generally responsible to pay the principal and interest on indebtedness secu...
23Is either the life tenant or the future-interest holder generally obligated to insure the property for the other’s benefit?
24What is a future interest?
25What is a reversion?
26Upon becoming possessory, a reversion may ripen into one of which six present estates?
27What are the three present possessory estates a reversion may follow?
28What is a remainder?
29What are the six present estates into which a remainder can ripen upon becoming possessory?
30What are the two requirements for a remainder to be vested?
31What are the three subcategories of vested remainders?
32What is a contingent remainder?
33What are alternative contingent remainders?
34If a grantor conveys a contingent remainder, what interest is the grantor presumed to retain until the remainder vests?
35If there is ambiguity about whether a remainder is vested or contingent, do courts generally resolve it in favor of finding a vested remainder or a...
36In the context of remainders, what is the difference between a condition precedent and a condition subsequent?
37What is an executory interest?
38What are the four ways in which an executory interest differs from a remainder?
39What is the primary difference between a shifting executory interest and a springing executory interest?
40What is a possibility of reverter?
41What is a power of termination?
42Which present possessory estates correspond to a possibility of reverter and the power of termination, respectively?
43O owned Blackacre in fee simple absolute. O conveyed Blackacre “to A for so long as he never steps foot in the country of France.” What interests d...
44If a life tenant commits waste on the property, what general remedies are available to the holder of the remainder or reversion?
45What is the life tenant’s duty to avoid permissive waste?
46What is the life tenant’s duty to avoid voluntary waste?
47What is the open-mines doctrine?
48A life tenant had a life estate in property encompassing 50 acres of forest and a farmhouse. After taking possession of the estate, the life tenant...
49What is the privilege of estover?
50What is the life tenant’s obligation to avoid ameliorative waste?
51Traditionally, is the life tenant the only present-estate holder obligated to avoid committing waste?
52What is the doctrine of cy pres?
53What is a survivorship condition?
54Is a survivorship condition generally implied in the conveyance of any present estate or future interest?
55What is a class gift?
56What is the rule of convenience?
57What is the doctrine of destructibility of contingent remainders?
58Under prevailing modern law, what is the result if a contingent remainder has not vested when the prior estate terminates?
59What is the rule in Shelley’s Case?
60What is the doctrine of worthier title?
61What is a tenancy in common?
62Under what circumstances will grantees of a tenancy in common be presumed to take in equal percentage shares?
63May a tenant in common transfer or encumber his or her interest without the consent of the other cotenants?
64In general, what are the three ways to create a tenancy in common?
65What is a joint tenancy with right of survivorship?
66In a joint tenancy with right of survivorship, what is the right of survivorship?
67What is the default, or presumptive, form of concurrent ownership?
68What are the four unities traditionally deemed necessary to create a joint tenancy with the right of survivorship?
69Three siblings each owned a one-third interest in a parcel of land concurrently as joint tenants with right of survivorship. The eldest sibling’s w...
70What is a tenancy by the entirety?
71What five unities are required to form a tenancy by the entirety?
72What is partition?
73In general, does a cotenant have an absolute right to seek partition in court?
74Is an agreement among cotenants limiting the right to seek partition generally enforceable?
75Does a tenant by the entirety generally have a right to partition the property unilaterally?
76What are the two major, sequential steps in a partition proceeding?
77What is partition in kind?
78What is an owelty payment?
79What is partition by sale?
80Under what circumstances will a court order partition by sale, rather than partition in kind?
81A husband and wife co-owned a property as tenants by the entirety. Without informing the wife, the husband secretly sold his share in the property...
82What is the result if one of the four unities necessary to create a joint tenancy with right of survivorship is severed with respect to a joint ten...
83If a joint tenant conveys his or her interest, does this sever the joint tenant’s interest?
84If a joint tenant contracts to sell his or her interest, when does a severance occur?
85Is it the law in most states that a joint tenant’s interest is severed if the joint tenant mortgages the interest?
86If a joint tenant whose interest has not been severed dies, what is the effect on any encumbrance against that interest?
87In a joint tenancy with right of survivorship, what three divergent positions do the jurisdictions take on whether unilateral lease by a joint tena...
88In a joint tenancy with a right of survivorship, will the affixing of a judgment lien to a joint tenant’s interest sever the joint tenancy?
89A brother, a sister, and a cousin held a property in equal one-third shares as joint tenants with a right of survivorship. The brother sold his int...
90To what extent does each cotenant have the right to use, possess, and enjoy the property?
91Among cotenants to real property, what is ouster?
92In general, does a cotenant in possession bear any obligation to pay rent to the other cotenants for the use of the property?
93May a cotenant unilaterally lease the entire property to a third party, without the other cotenants’ affirmative consent or participation?
94What are carrying charges?
95What is the difference between necessary repairs and maintenance on the one hand and improvements on the other?
96In most jurisdictions, are all cotenants responsible for necessary repairs and maintenance?
97May a cotenant make improvements to the property without the others’ affirmative consent?
98If a cotenant makes improvements to the property, to what extent does that cotenant have a right to reimbursement of the cost from the other cotena...
99In most jurisdictions, must a cotenant receiving rental payments from a third-party lessee share any portion of the rent with the other cotenants?
100If a cotenant in possession runs a business on the property, do most jurisdictions require that cotenant to share any portion of the profits with t...
101If a cotenant in possession exploits natural resources on the property, are the other cotenants entitled to a share of any resulting profits?
102In the context of a cotenancy of real property, what is an accounting?
103In a cotenancy, what is contribution?
104If a cotenant in sole possession of the property seeks reimbursement from the others for excess carrying charges or repair and maintenance costs, a...
105If one cotenant pays, in full, a mortgage or similar encumbrance attaching to each cotenant’s interest, what rights does the paying cotenant acquir...
106A brother and sister owned a property together as tenants in common. The brother’s interest was 20 percent, and the sister’s interest was 80 percen...
107A brother and sister owned a property concurrently as tenants in common, each with a 50 percent interest. The brother built a golf course on the pr...
108In general, what principles govern the interpretation of a lease agreement?
109Must every lease be in writing to be enforceable?
110What is a tenancy for years?
111Does a tenancy for years (also known as an estate for a fixed term) terminate automatically?
112Can a tenancy for years be defeasible?
113What is a periodic tenancy?
114How much notice must a party give before terminating a periodic tenancy that runs from month to month?
115In general, at what point can a periodic tenancy terminate upon notice from one party to the other?
116Can a periodic tenancy arise by implication?
117A landlord leased an apartment to a tenant for $1,000 per month, with rent due on the last day of each month. The lease did not specify an end date...
118Under what circumstances will a periodic tenancy arise by operation of law?
119What is a tenancy at will?
120Under what circumstances does a tenancy at will arise by operation of law?
121Traditionally, to terminate a tenancy at will, must one party give any notice to the other?
122Does a tenancy at will terminate upon the death of either party?
123Can the landlord or tenant terminate a tenancy at will by merely taking action inconsistent with intent to continue the lease?
124What is a tenancy at sufferance?
125What are the landlord’s two general remedies against the holdover tenant?
126In what three general cases would a landlord be barred from initiating remedies against a holdover tenant?
127If the landlord chooses to evict a holdover tenant, may the landlord resort to self-help to remove the tenant from the premises?
128Can a landlord implicitly elect to bind a holdover tenant to a holdover lease?
129In most jurisdictions, what is the duration of a holdover lease if the term of the original lease was less than one year?
130In most jurisdictions, what is the duration of a holdover lease if the original lease’s term was for one year or longer?
131In general, aside from duration, are the terms of a holdover lease the same as those under the original lease?
132If the lease agreement does not specify the amount of rent, will the law deem the rent to be any particular amount?
133If the lease agreement does not specify when rent is due, will the law deem rent to be due at any particular time?
134In general, at what point does the landlord acquire a cause of action against the tenant for failure to pay rent?
135What is a rent-acceleration clause?
136If the leased property is partially destroyed, what is the effect on the tenant’s rent obligation?
137In the landlord-tenant context, what is legal possession?
138In the landlord-tenant context, what is actual possession?
139What is the difference between the majority rule and the minority rule regarding a landlord’s duty to put a tenant in actual possession of leased p...
140If the landlord does not fulfill the duty to put the tenant in possession of the premises when the lease begins, is the tenant entitled to damages ...
141In general, may a tenant terminate a lease if the landlord breaches the duty to deliver possession of the leased premises?
142If the tenant promises in the lease agreement to make repairs to the premises, in what way will courts generally interpret the scope of the repair ...
143In the landlord-tenant context, what is the covenant of quiet enjoyment?
144Under what circumstances does eviction by surrender occur?
145What is actual eviction?
146What is constructive eviction?
147What omission on the landlord’s part is generally sufficient to give rise to constructive eviction?
148For purposes of constructive eviction, what is substantial interference with the tenant’s use and enjoyment of the property?
149In general, what two steps must a tenant take before invoking any remedies for constructive eviction?
150If the tenant is evicted by a third party or wrongly evicted by the landlord from the entire premises, what are the tenant’s general remedies?
151If the tenant is evicted by a third party or wrongly evicted by the landlord from only part of the premises, what are the tenant’s general remedies?
152What is the difference between an assignment of a lease and a sublease?
153If a tenant conveys the entire remaining lease term but reserves the right to retake possession if some specific event occurs, do most courts consi...
154Does the transfer of a landlord’s estate from the landlord to someone else terminate the lease between the landlord and tenant?
155If the landlord transfers his or her estate in the leased premises, what is the relationship between the grantee and the tenant?
156If the original landlord transfers his or her estate in the leased premises, what is the effect on the relationship between the original landlord a...
157If an original tenant assigns her interest in leased property to an assignee, does the original tenant remain liable to the landlord for payment of...
158If a tenant assigns a lease, for which covenants in the lease are the landlord and assignee liable to each other?
159If an assignee of a lease in turn assigns the lease to a third party, what is the effect on the assignee’s relationship with the landlord?
160If the assignee of a lease contractually agrees to assume the lease, what is the effect on the relationship between the assignee and the landlord?
161If a tenant assigns the leasehold, what is the nature of the tenant’s liability to the landlord concerning covenants in the lease that run with the...
162If a prime tenant subleases the premises, do the prime tenant and the landlord remain liable to each other for all lease covenants?
163Absent a contrary agreement, may the landlord or the subtenant exercise remedies against the other directly for failure to fulfill any prime-lease ...
164If the subtenant expressly and contractually assumes the prime lease, what is the effect on the relationship between the subtenant and the landlord?
165If the landlord lawfully terminates the prime lease, what is the effect on the sublease?
166Is it the rule in some jurisdictions that if the landlord accepts the prime tenant’s surrender of the premises, the subtenant steps into the prime ...
167Absent a contrary agreement, may a tenant freely assign the lease or sublease the property to anyone?
168In general, is an assignment or sublease void simply because it violates a restriction in the original lease?
169Is a provision in the lease agreement making assignment or subletting subject to the landlord’s consent enforceable?
170May a landlord implicitly consent to an assignment or sublease by simply accepting rent payments from the transferee without objection?
171What is the rule in Dumpor’s Case?
172A landlord leased an apartment to a renter for five years. Two years into the lease, the renter transferred the entire remaining three years of the...
173What is the independent-covenants rule?
174What is a security deposit?
175What are the seven general ways in which a lease can terminate?
176The owner of a farmhouse leased the farmhouse to a renter for a five-year term. The renter intended to use the farmhouse as his residence. Three mo...
177What are the landlord’s general remedies if a tenant materially breaches the lease?
178Is the prevailing policy in the United States to permit the landlord to resort to forcible self-help in effectuating any remedies for the tenant’s ...
179In the landlord-tenant context, what is anticipatory breach by the tenant?
180In the landlord-tenant context, what is abandonment?
181Upon abandonment by the tenant, may the landlord simply terminate the lease and resume possession of the premises?
182What is the landlord’s duty to mitigate damages upon abandonment by the tenant?
183If a landlord has a duty to mitigate damages after a tenant’s unjustified abandonment of a lease, what must the landlord do to satisfy this duty?
184Generally, is a landlord legally entitled to self-help to evict a tenant?
185A landlord leased retail space to a renter pursuant to a commercial lease. The renter wrongfully abandoned the lease. The landlord decided to allow...
186What is the doctrine of caveat lessee?
187What is the landlord’s obligation concerning the condition of a furnished temporary residence?
188What is the landlord’s obligation with respect to latent defects on the premises?
189Does caveat lessee apply to areas of the premises that remain under the landlord’s control during the lease?
190Does caveat lessee apply to dangerous conditions on property leased for admission to the public?
191What is the implied warranty of commercial suitability?
192What is the implied warranty of habitability?
193For purposes of the implied warranty of habitability, what are habitable premises?
194In most jurisdictions, is the implied warranty of habitability waivable in the lease agreement?
195Does the implied warranty of habitability apply to commercial leases?
196In general, if a tenant wants to claim a breach of the implied warranty of habitability, must the tenant provide the landlord with notice and a rea...
197May a tenant terminate a lease for a violation of the implied warranty of habitability?
198May a tenant rely on a breach of the implied warranty of habitability as a defense in a lawsuit by the landlord for damages or eviction for non-pay...
199What is the doctrine of retaliatory eviction?
200A landlord rented an apartment to a tenant. The stove the landlord supplied in the apartment became defective and started leaking carbon monoxide i...
201What is the rule against perpetuities?
202To what interests in land does the rule against perpetuities apply?
203What is the charity-to-charity exception to the rule against perpetuities?
204In the context of the rule against perpetuities, what is the measuring life?
205For purposes of the rule against perpetuities, under what circumstances is an interest created?
206Does the rule against perpetuities presume that anyone can die at any moment?
207Does the rule against perpetuities presume that any woman, no matter how old, can give birth to children?
208Does the rule against perpetuities presume that someone’s estate can take longer than 21 years to administer?
209What is the wait-and-see approach to the rule against perpetuities?
210If an instrument creates multiple conveyances, only some of which are void under the rule against perpetuities, what is the effect on the rest of t...
211What is the all-or-nothing rule?
212What does the doctrine of cy pres permit a court to do when a conveyance violates the rule against perpetuities (RAP)?
213Are future interests arising in favor of the grantor subject to the rule against perpetuities?
214Under the Uniform Statutory Rule Against Perpetuities, when must an interest subject to the rule against perpetuities actually vest to be valid?
215O owned Blackacre in fee simple absolute. O executed a will purporting to convey Blackacre “to A for life, then to A’s widow for life, and then to ...
216What does it mean to say that an estate in land is transferable inter vivos?
217What does it mean to say that an estate in land is devisable?
218What does it mean to say that an estate in land is descendible?
219Are reversions fully transferable inter vivos, devisable, and descendible?
220Are vested remainders devisable, descendible, and transferable inter vivos?
221In most jurisdictions, are contingent remainders devisable, descendible, and transferable inter vivos?
222Are executory interests generally devisable, descendible, and transferable inter vivos?
223Are the fee simple estates devisable, descendible, and transferable inter vivos?
224In most jurisdictions, are the possibility of reverter and power of termination devisable, descendible, and transferable inter vivos?
225Is a life estate transferable inter vivos?
226Under what circumstances is a life estate devisable and descendible?
227What is a restraint on alienation?
228What is a total restraint on alienation?
229What is a partial restraint on alienation?
230What is a disabling restraint on alienation?
231What is a forfeiture restraint on alienation?
232What is a promissory restraint on alienation?
233Is a total restraint on alienation against a fee simple estate generally enforceable?
234Is the prevailing view that disabling restraints are enforceable against fee simple estates or life estates?
235Under what circumstances are forfeiture and promissory restraints generally enforceable against fee simple estates?
236Under what circumstances are forfeiture and promissory restraints generally enforceable against life estates?
237To what extent is a restraint on alienation generally enforceable against a vested future interest?
238Are restraints on alienation based on race enforceable?
239Generally, is a restraint on alienation unenforceable if it subjects the grantee’s ability to transfer the property to some other person’s consent?
240What is a right of first refusal?
241Under what circumstances is a right of first refusal enforceable?
242Upon what bases does the federal Fair Housing Act prohibit discrimination in the sale or rental of a residential dwelling?
243In general, what types of discrimination does the Fair Housing Act prohibit?
244Under the Fair Housing Act, may a religious group generally limit the sale, rental, or occupancy of noncommercial residential property to its own m...
245Under the Fair Housing Act, may a private club allow only its members to rent or occupy non-commercial residential property that it owns?
246Do most of the Fair Housing Act’s prohibitions on discrimination in the sale or rental of housing apply to an apartment building with four or fewer...
247Do most of the Fair Housing Act’s prohibitions on discrimination in the sale or rental of housing apply to the seller or lessor of a single-family ...
248A landlord wanted to rent out a residential apartment. The landlord placed an ad in the local newspaper seeking a tenant for the apartment. In prom...
249Are restraints on alienation based on racial classifications enforceable?
250In general, what must a plaintiff prove to show that a seller or lessor of property violated the anti-discrimination provisions of the Fair Housing...
251What is the general burden-shifting framework under the Fair Housing Act?
252A prospective renter applied to rent a unit in a dwelling containing three apartments. The owner of the dwelling lived in one of the units in the d...
253In a dispute regarding real property, will courts apply the law of the state where the real property is situated?
254A landowner resides in State A and owns property in State B. A zoning dispute arises with respect to the landowner’s State B property. Which state’...
255May the parties to an instrument affecting real property designate some law other than the law of the situs to govern the transaction?
256Under what general circumstances will federal law govern a dispute involving real property?

What is a present estate?

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