ProfDale Property Video 9 - Remainders and Executory Interests

[@thomasfletcher3286]

I convey my gratitude to Professor Dale in Fee Simple Absolute.

[@brandondixon4292]

Greatest Property Law professor in this country

[@Justice404b]

I’m a 1L, and this is extremely helpful. You are an excellent teacher. Thank you!

[@p.j.vaneff6760]

Prof. Whitman, perhaps I missed it, but I think the slides skipped over reason #4 why a F.I. owner might never possess the land. The reasons listed, as I've noted them, are: #1 F.I. owner might die before F.I. becomes possessory; #2 inter vivos transfer of the F.I.; #3 F.I. fails; and #5 common law rule violation.

[@profdalespropertyvideos185]

P. J. -- you have a sharp eye! The number "5" is a typo, and there are really only four reasons listed. Thanks for catching this. - Prof. Dale

[@p.j.vaneff6760]

@@profdalespropertyvideos185 Got it. Thank you, sir. ~Peter

[@NotSoBad20]

Thank you Professor Dale!

[@catherineperez4481]

You have saved me Prof Dale! Property Law Final here I come!!

[@ninacorley7471]

I love your videos ProfDale. You explain things perfectly.

[@reneerogers9950]

This was so helpful for my Property Law exam, thank you!!

[@businessethics1738]

I was on the verge of tears over trying to make sense over this, thanks!

[@ellincowie1573]

In example "To A for life, then to B when B graduates," by graduating before A dies, B could cut short A's life estate. Doesn't this violate one of the rules for Remainders?

[@fredmertzful]

I think you are misconstruing the grantor's intent. The conveyance says "To A for life." There's no indication that anything B does can cut short A's life estate. After A dies, we look to see if B has graduated. If so, B gets immediate possession. If not, we wait to see if B graduates later. If and when B graduates, B gets possession of the land. There's potentially a time gap here, but it's not what I call a "built-in" time gap -- i.e., one that is certain to occur. There may or may not be a time gap, depending on when B graduates. That's not enough to make the future interest an executory interest. It is simply a contingent remainder until B graduates. If B graduates while A is still living, it becomes a vested remainder at that point. By the way, there is no RAP problem, since B can't graduate after B is dead (at least at any college I'm familiar with), and B is a life in being. B's interest is certain to vest or fail within B's own life.

[@ellincowie1573]

@@fredmertzful Thank you for such a clear explanation.

[@aitobaebaruku3317]

So helpful