Estates & future interests · Rule Against Perpetuities · Landlord-tenant · Recording
Property Issue Spotting Practice
Trace conveyances, classify estates, and work through landlord-tenant and land-transaction problems step by step.
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Issue Spot: The Family Farm Conveyance
Estates & Future Interests · Free accessIn 1995, Hugh executed a valid inter vivos deed conveying his ancestral estate, Blackacre, 'to my wife Ruth for life, then to my sons Caleb and Duncan as joint tenants with right of survivorship, but if either son dies without children, to my daughter Edie.' Ruth entered possession immediately and currently resides on the property. In 2010, Caleb, facing mounting gambling debts, executed a mortgage instrument pledging his interest in Blackacre to Local Bank as collateral for a $150,000 loan without informing or obtaining the signature of Duncan. In 2015, Duncan, wishing to liquidate his assets, executed and delivered a warranty deed transferring his entire interest in Blackacre to his neighbor, Silas, who recorded the deed immediately. As of 2024, Edie has one healthy adult child, whereas Caleb remains childless and has never had children. Ruth continues to pay the property taxes and maintains the home, claiming her life estate allows her to grant a full fee simple interest to any buyer, though she has not yet attempted to sell the property.
Select all of the following issues that are properly raised by the facts presented in this conveyance and the subsequent conduct of the parties.
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