Mahrenholz v. County Board of School Trustees

Crea%on of a Life Estate:
-­‐ O conveys the land to A for life
A’s LE
t g
What about:
-­‐ O conveys the land to A
Ex

Life Estate (LE) – FUTURE INTEREST:
X’s LE
t g
Ex
Reversion to Grantor
• inherent in conveyance
O’s Reversion

Fee Simple Determinable (FSD):
• Alienable
• Inheritable
• Devisable
X’s FSD
t g
• Automa%c !

Crea%on of a Fee Simple Determinable:
-­‐ O conveys the land to A and her heirs un8l the
land is farmed
A’s FSD
t g
What about:
-­‐ O conveys the land to A un8l the land is farmed
-­‐ O conveys the land to A and her heirs while the
land is not farmed

Fee Simple Determinable (FSD) – FUTURE INTEREST:
X’s FSD
t g
O’s P/R
Possibility of Reverter (P/R) to Grantor:
• Inherent in grant
• Automa@c

Possibility of Reverter (P/R):
• Not Alienable
• Inheritable
• (Most Likely) Not Devisable
X’s FSD
t g
O’s P/R
What does Possibility of Reverter become?
• Fee Simple Absolute

Fee Simple on Condi%on Subsequent (FS/CS):
• Alienable
• Inheritable
• Devisable
X’s FS/CS
t g
• Requires Re-­‐entry/Not Automa%c !

Crea%on of a Fee Simple Condi%on Subsequent:
-­‐ O conveys the land to A and her heirs, but if the land is
farmed, then O and her heirs may renter and claim the
land
A’s FS/CS
t g
What about:
-­‐ O conveys the land to A and her heirs as long as
the land is not farmed

Fee Simple on Condi%on Subsequent (FS/CS) –
FUTURE INTEREST:
X’s FS/CS
t g
O’s R/E
Right of Entry (R/E) to Grantor:
• Inherent in grant, but usually explicit
• Requires actual re-­‐entry (Power of Termina8on)

Right of Entry (R/E):
• Not Alienable
• Inheritable
• Not Devisable
X’s FS/CS
t g
O’s R/E
What does Right of Entry become?
• Fee Simple Absolute

Mahrenholz v. County Board of School Trustees
• W.E. and Jennie -­‐> HuTon School in 1941
• “this land to be used for school purpose only; otherwise to
revert to Grantors herein”
• W.E. and Jennie convey surrounding to Jacqmain in July 1941
• Also convey revisionary interest in school land
• W.E. dies intestate July 18, 1951
• Jacqmain convey all to Mahrenholz on Oct. 9, 1959
• Jennie dies intestate February 18, 1969
• Harry only legal heir
• School Board starts to use land for storage purposes in 1973
• Harry convey all to Mahrenholz on May 7, 1977
• Recorded on Sept. 7, 1977
• Harry disclaims all interest on Sept. 6, 1977
• Releases in favor of school district

Mahrenholz v. County Board of School Trustees
School’s ???
t g
Whose ???

Mahrenholz v. County Board of School Trustees
• Words of Limita8on à FSD
• Express Condi8on à FS/CS
• North v. Graham – “said tract of land above described
to revert to the party of their first part whenever it
ceases to be used or occupied for a mee@ng house or
church” – FSD
• Latham – “their successors and assigns forever, for
the uses and purposes hereinafer men@oned and for
NONE other” – FS/CS
• McElvain – “This tract of land is to be used for mill
purposes, and if not used for mill purposes the @tle
reverts back to the former owner” – FS/CS

Mahrenholz v. County Board of School Trustees
• “this land to be used for school purpose only;
otherwise to revert to Grantors herein”
• North v. Graham – “said tract of land above described
to revert to the party of their first part whenever it
ceases to be used or occupied for school purposes”
– FSD
• Latham – “their successors and assigns forever, for
school purposes and for NONE other” – FS/CS
• McElvain – “This tract of land is to be used for school
purposes, and if not used for school purposes the @tle
reverts back to the former owner” – FS/CS

Future Interest in Grantee:
Remainders:
1. Must follow an expirable estates;
2. Must be capable of taking effect immediately
upon expira@on of preceding estates; and
• No Gap
• No Springing Interests
3. Cannot take effect before expira@on of
preceding estate.
• No Cujng Short
• No Shifing Interests