Real Property Day 1

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Future Interest in Transferees: A vested remainder a)The indefeasibly vested remainder b)The vested remainder subject to complete defeasance/vested remainder subject to total divestment c)The vested remainder subject to open 2.A contingent remainder 3.An executory interest (shifting or springing).
"To A and her heirs (limitless time life), but if B returns from Canada sometime next year, to B and his heirs.": B has a shifting executory interest. B doesn't have a remainder, b/c a remainder never follows a defeasible fee (remainders are polite and patient - follow estate of fixed duration). B says,"oh, am I interrupting?! mwah-ha-ha!" and pounces. A has fee simple subject to B's shifting executory interest - (does not matter that the condition is upon A or B's doing). Notice this conveyance doesn't violate RAP b/c of the 1 year limit on B's power.
Step Four - Ask, Will we know, with certainty, within 21 yrs of the death of our measuring life, if our future interest holders can or cannot take?: If YES, the conveyance is GOOD. It does not violate RAP. But be careful of the fertile octogenarian! If NO, the future interest is VOID.
Rights and Duties of Co-Tenants: 1)Possession. Each co-tenant is entitled to possess and enjoy the whole. 2)(NO) Rent from Co-Tenant in Exclusive possession. 3)Rent From Third Parties. 4)(NO) Adverse Possession. 5)Carrying Costs. 6)(Reasonable) Repairs. 7)(NO) Improvements. 8)(NO) Waste. 9)Partition.
Fee simple absolute Transferability:: Freely Devisable, Freely Descendible, Freely Alienable
Springing Executory Interest: will divest (cut short) the Grantor himself.
Language to create a life estate per autre vie: "To A for the life of B"
Creation The Tenancy by the Entirety: Can ONLY be created between Husband and Wife, Multi-state rule -- tenancy by the entirety arises presumptively in any conveyance to the H & W, unless clearly stated otherwise.
The indefeasibly vested remainder: The holder of this remainder is certain to acquire an estate in the future, with no conditions attached. All vested remainders are transferable, descendible, and devisable.
3 kinds of Vested Remainders: 1)The Indefeasibly vested remainder 2)The Vested Remainder Subject to Complete Defeasance/Total Divestment 3)The vested remainder subject to open.
"To A and his heirs, but if the land ceases to be used for farm purposes, to B and his heirs." Treatment under common law RAP?: Step one - Classify future interest. B has a shifting executory interest. Step two - Condition to trigger entitlement? the land must cease to be used for farm purposes. Step three - Measuring life? A Step four - won't know with certainty whether, within 21 years after the death of A, if B will take since A may abide by the condition during her lifetime and it might not be breached for 21 years after she has passed. Result? future interest is void. But, striking the future interest means that THE CONVEYANCE IS NO LONGER GRAMMATICALLY SOUND. Thus, the entire conditional clause is stricken and A now has a fee simple absolute and the Grantor has nothing.
Rule of Destructibility: Historically/at common law a contingent remainder would be destroyed IF it were still contingent when the preceding estate ended, and grantor/O's heirs would take in fee simple absolute.
Doctrine of Waste: Applies only in life estates, NOT in defeasible fees. Life tenant entitled to all ordinary uses and profits from the land Life tenant cannot commit waste (and thus harm future interest holders) Remedy for LT waste? Future interest holder may sue for injunction.
Permissive Waste, or Neglect: Occurs whenever the land falls into disrepair OR LT fails to reasonably protect the land LT must MAINTAIN the premises in reasonably good repair. Failure to do so represents permissive waste. LT must also PAY ALL ORDINARY TAXES to the extent of income or profits from the land. If no in come / profits, life tenant must pay, ONLY to extent of premises fair rental value.
"To the American Red Cross, so long as the premises are used for Red Cross purposes, and if they cease to be so used, then to the YMCA.": Ordinarily, the YMCA would have a void shifting executory interest. However, because of the charity-to-charity exception to the RAP, the gift stands (YMCA's future interest is valid). Thus, American Red Cross has a Fee Simple, subject to YMCA's valid Shifting Executory Interest.
"TO A for life, and if B has reached the age of 25, to B." B is 20. A is alive.: Conditional language is before the language creating remainder - a condition precedent - so a contingent remainder is created. Something the B has to do in order to take his right. a.A has a life estate. b.B has a contingent remainder c.Grantor has a reversion, because if A dies before B is 25, O takes subject to B's springing executory interest.
Language to Create a Life Estate: Romantic estate. This estate must be measured in explicit lifetime terms and NEVER in terms of years. "To A for life" NOT "life estate" or "to A for 50 years, if she lives that long" or "to A for life, but no more than 10 years" all create the term of years, and NEVER the life estate.
Features (rights, creation and termination) of Tenancy in Common: a) Each co-tenant owns an individual part and each has right to possess the whole b) Each interest is descendible, devisable and alienable b/c NO survivorship rights c)... to make it memorable, that I'm divisible, descendible, toooooo...Natalie Cole. d)Presumption favors tenancy in common. Thus, any conveyance to two or more people that fails to specify the form of concurrent ownership, presumptively creates a tenancy in common e)Termination: same as joint tenancy SPAM
Fee tail duration: lasts only as long as there are lineal blood descendants of grantee.
Rights and Duties of Co-Tenants -- Partition: a) A joint tenant or tenant in common has a right to bring action for partition.
Future Interest in Fee simple subject to condition subsequent: Grantor has right of entry (AKA power of termination).
"Grant" exception to the doctrine of waste: LT can exploit the land if LT was expressly granted the right to exploit.
3 types of waste: 1. Voluntary or Affirmative Waste. Actual overt conduct that causes a decrease in value. ("overt act" = broke the wall / acts of destruction). Includes voluntary waste of natural resources. 2. Permissive Waste, or Neglect. Occurs whenever the land falls into disrepair OR LT fails to reasonably protect the land 3. Ameliorative Waste
Distinguishing Characteristic of Fee Simple Subject to Executory Limitation: Estate automatically forfeited in favor of someone other than the grantor if the stated condition is broken.
Step One - Determine which future interest has been created by the conveyance. Which FIs are subject to the RAP?: RAP potentially applies ONLY to contingent remainders, executory interests, and certain vested remainders subject to open. RAP does NOT apply to any future interest created in the grantor (POR, right of entry, reversion); to indefeasibly vested remainders; or to vested remainders subject to complete defeasance.
Fee simple absolute Duration: Duration - Absolute ownership of potentially infinite duration. "absolute ownership" = Possessor has the exclusive right to use and posses the surface, air above, and land below (and minerals)
Ameliorative Waste: life tenant cannot enhance the property's value UNLESS all future interest holders are known and consent (trying to honor sentimental value).
Sale of an interest in a joint tenancy: Severs interest of selling joint tenant. Joint tenant can sell or transfer her interest during her lifetime. Can do so secretly. Buyer becomes tenant in common (no T-TIP). Remaining tenants are still joint tenants as to each other. Right of survivorship remains between joint tenants. If the property was originally a two person joint tenancy and one transfers his interest, the joint tenancy is destroyed and a tenancy in common results.
Rights and Duties of Co-Tenants -- Adverse Possession: A co-tenant (in continuous exclusive possession for the statutory adverse possession period) CANNOT acquire title to the whole through adverse possession, because hostility element of adverse possession is absent. UNLESS he has "ousted" the other co-tenants, because ouster provides the hostility element.
"Exploitation" exception to the doctrine of waste: if land is suitable only for exploitation, LT can exploit the land. ex: Life tenancy in a quarry. (unless otherwise agreed)
"To A for life, then to B's heirs." B is alive.: B's heirs have a contingent remainder because while B is alive his heirs are unknown, so they are unascertained. A has a life estate.
The cy pres doctrine/reduction in offensive age contingencies: (Cy pres = "as near as possible")If a given transfer violates the RAP, a court may reform it in a way that most closely matches grantor's intent while still complying with the RAP. Court may reduce any offensive age contingency to 21 years. If a given transfer would otherwise run afoul of common law RAP, b/c based on taker >21, knocks down age limit to 21. Both USRAP and Wait and See doctrines embrace these options.
The vested remainder subject to open: The remainder is vested in a group of takers (the class, or a category), (1)at least one of whom is qualified to take possession. (2)BUT each class member's share is subject to partial decrease b/c a additional takers are not yet ascertained and can still qualify as class members.
Future interests in a life estate: Grantor - reversion - at end of A's lifetime, the estate reverts back to the Grantor or his heirs. In a TP - a remainder
"To A for life, then, if B graduates college, to B." B has not graduated yet.: B has a contingent remainder. Remainder contingent because it is subject to a condition precedent. B has not yet satisfied the prerequisite to taking. O has a reversion. A has a life estate.
Severance of a tenancy by the entirety: a)Death b)Divorce (converts them to "tenants in common") (dissolution of marriage due to 5 years absence does not terminate it) c)Mutual agreement d)Execution by a joint creditor of both the H and W e)No termination if one spouse mortgages his interest.
Fee simple determinable duration: Potentially infinite, so long as event does not occur, but forfeiture is automatic, if the stated condition is violated.
Transferability of fee simple determinable: Devisable, Descendible, and Alienable, BUT always subject to the stated condition in the original ** Cannot convey more than you have - Mick Jagger can't always get what he wants! **
Rights and Duties of Co-Tenants -- Rent from Co-Tenant in Exclusive possession: The absent co-tenant in exclusive possession is NOT liable to another co-tenant for rent. Unless, it is an ouster, then fair value - half of the fair rental value.
"O to A for life, then, if B graduates college, to B." A dies before B graduates.: Under the historic/common law rule, B's contingent remainder is destroyed and O's his heirs would take in fee simple absolute. The Rule has been abolished today, and O and heirs would take on A's death subject to B's springing executory interest.
Fee simple determinable language to create: Grantor must use clear durational language, providing that upon the happening of a stated event, the land is to revert to that grantor. "To A for so long as...", OR "To A during...." OR "To A until..." Ex. "To R so long as premises used as recording studio"
Reform of common law RAP: The "wait and see" or second look doctrine. The Uniform Statutory RAP. Cy pres doctrine. Reduction of offensive age contingency to 21 years.
Fee simple Future Interest: NO accompanying future interest.
Language to Create a Fee Tail: "To A and the heirs of his body"
Transferability Fee Simple Subject to Executory Limitation: Devisable, Descendible, and Alienable, BUT always subject to the stated condition. ** Cannot convey more than you have - Mick Jagger can't always get what he wants! **
Future Interest in fee simple determinable: In Grantor the "possibility of reverter" FSD-POR the possibility of reverter (POR) follows FSD automatically. Frank Sinatra doesn't prefer Orville Reddenbacher.
Right of survivorship: when 1 tenant dies, his share passes automatically to the surviving joint tenant(s)
Charity to Charity Exception: a gift from one charity to another does NOT violate the RAP.
Rules of construction for defeasible fees: 1.Words of mere purpose, desire, hope, or intention are insufficient to create a defeasible fee. Absent clear durational language, grantee is vested with fee simple absolute, NOT a defeasible fee. 2. Absolute restraints on alienation are void. An absolute ban or restriction on the power to sell or transfer not linked to any reasonable time-limited purpose will transfer to grantee a fee simple absolute.
The "wait and see" or second look doctrine: Majority reform effort. In Mass. Asks "What has actually happened when the measuring life expired?" The validity of any suspect future interest is determined on the basis of the facts as they exist at the (natural) conclusion of the (relevant) measuring life. Eliminates the what if/anything is possible line of inquiry and instead takes a second look at the conveyance on the basis of the facts actually manifested.
Partition in kind: A judicial action for physical division of a joint tenancy property IF it is in the best interest of all parties. (Best with rural / agricultural property b/c easy division).
If you see contingent remainder in fact pattern: just look if it has condition subsequent or condition precedent. If condition precedent, all transferees, except vested remaindermen, have contingent remainder subject to condition precedent. if condition subsequent, vested remainder subject to complete defeasance.
"To A for life, remainder to B" A is alive. If B is alive? If B predeceases A?: A has a life estate. B has an indefeasibly vested remainder - since he is known and there are no conditions. If B predeceases A, vested remainders are transferable, descendible, and devisable, so B's future interest passes according to his will, if any, OR by intestacy to B's heirs.
The Doctrine of Worthier Title: Applies in most states (NOT in MASS.) Grantor, who is alive, tries to create a future interest in his as yet unascertainable heirs. That contingent remainder is void under Doctrine of Worthier Title UNLESS Grantor clearly intends to create such a contingent remainder in his heirs.
Rights and Duties of Co-Tenants -- Waste: a) A co-tenant must NOT commit waste. b) A co-tenant may bring an action for waste during the life of the co-tenancy.
Right of Entry / (Power of Termination): accompanies only Fee Simple Subject to Condition Subsequent. The Bobby Brown estate - it's prerogative to terminate or not.
The Freehold Estates (4 categories): 1. Fee Simple Absolute 2. Fee Tail 3. Defeasible Fees 4. Life Estate
The Tenancy by the Entirety: a protected marital interest between Husband and Wife with the right of survivorship
Transferability of life estate: Devisable, Descendible, and Alienable. Life tenant CAN transfer his interest, BUT still subject to the limitation of reversion at the end of his life (or other's life if per autre vie) to the grantor.
Language to Create Fee Simple Absolute: "To A", OR "To A and his heirs."
Heirs of A when A is living: Do not exist, have no interest in fee simple absolute b/c of Sinead O'Conner rule. A living person has no heirs (heirs have nothing; they do not exists as long as A alive; A has only powerless prospective heirs).
Two Bright Line Rules of Common Law RAP: 1)A gift to an open class that is conditioned on the members surviving to an age beyond 21 violates the common law RAP. "Bad as to one, bad as to all" principal - If it is possible that a disposition might vest too remotely with respect to any member of the class, the entire class gift is void. 2)Many "shifting executory interests" violate the RAP. An executory interest with NO limit on the time within which it must vest violates RAP.
"To A, but if A uses the land for non-residential purpose in the following 20 years, then to B.": (a)B has a shifting executory interest. (1)B doesn't have a remainder, b/c a remainder never follows a defeasible fee (remainders are polite and patient - follow estate of fixed duration). B says, "are you using this for non-residential purposes? mwah-ha-ha!" and pounces. A has fee simple subject to B's shifting executory interest - (does not matter that the condition is upon A or B's doing). Notice this conveyance doesn't violate RAP b/c of the 20 year limit on B's power.
Fee tail future interest in O: In grantor, a reversion = if and when the blood line runs dry; the estate will revert back to O or O's heirs. In a 3rd Party, a remainder
Rule in Shelley's Case: Historically, the rule would only apply in one setting, to merge the life estate of a grantee (A) with the contingent remainder granted to the grantee's heirs, giving grantee a fee simple absolute. Problematic because it applies regardless of grantor's intent. (Shelley's case is a rule of law, not a rule of construction.) Virtually abolished today.
Duration of a Fee Simple Subject to Condition Subsequent: Potentially infinite, so long as the condition is not breached AND until the holder of the right of entry timely exercises the power of termination. No automatic termination - The grantor has mere option - If he does not exercise his option - the estate will continue, despite the occurrence of the event
The Defeasible Fees (3 types): 1) Fee simple determinable, 2) Fee simple subject to condition subsequent, 3) Fee simple subject to an executory limitation.
The Uniform Statutory RAP: <20 states/Also in MASS> Codifies the common law RAP (life in being + 21 years) AND provides also for an alternative 90 year vesting period (must vest within 90 years of the creation of the interest). Gauge validity with the traditional RAP or use alternative 90 year.
Step Three - Find a Measuring Life: A "measuring life" = a person alive at the date of conveyance AND whose life or death is relevant to the condition's occurrence.
"To A for life, then to B's children." A is alive. B has two children, C and D.: (1)A has a life estate (2)C and D have a vested remainder subject to open (their share might decrease if B has another child)
Treatment of a conveyance with a future interest void under the common law RAP: If the future interest is void, it is stricken from the conveyance. If striking the language will leave a grammatically unsound sentence, the condition also goes.
Language to Create Fee Simple Subject to Executory Limitation: "To A, but if X event occurs, then to B" (i.e. to TP)
Joint Tenancy Alienable?: Yes, a joint tenant's interest IS alienable. May sell or transfer while alive. Necessarily, it is NOT devisable or descendible (because of the right of survivorship). Joint Tenancy is Beyonce -- "I'm a Survivor! I'm gonna take yours! I'm a Survivor! I'm gonna keep yours!"
Fee tail transferability: devisable descendible, alienable.
Unilateral conveyance of a tenancy by the entirety: Neither tenant, acting alone, can defeat the right of survivorship by a unilateral conveyance to a third party. Secret or unilateral conveyance to a third part is void. Third party gets nothing.
Important rules related to contingent remainders: 1. Rule of Destructibility. 2. Rule in Shelley
"To A for life, then, on A's death, to A's heirs." A is alive: Under the Rule in Shelley's Case, present and future interests merge so that A has fee simple absolute. Today, the Rule is virtually abolished so that A has a life estate, and A's as yet unknown heirs hold a contingent remainder and O/grantor holds a reversion, since A could die without heirs.
Rights and Duties of Co-Tenants -- Improvements: a) During the life of the co-tenancy, there is NO right to contribution for "improvements" (b/c the improvement can be a nightmare of the other co-tenant). b) BUT, only at partition -- i) the "improving" co-tenant is entitled to a credit equal to any increase in value caused by her efforts ii) the "improving" co-tenant bears full liability for any decrease in values caused by her efforts.
Prior Use Exception to Doctrine of Waste: Life tenant may continue to exploit natural resources of land if, prior to the grant, the land was already being used for exploitation. (Unless LT agrees otherwise.) BUT - open mines doctrine holds that if mining was done on the land, LT may only continue mining open mines only. LT may not open new mines.
Reversion: Arises in grantor who transfers an estate of lesser quantum than she started with, other than a fee simple determinable or fee simple subject to condition subsequent. "Catch all" all other alternatives.
Future Interests Capable of Creation in the Grantor: 1. Possibility of Reverter. 2. Right of Entry/ Power of termination. 3. Reversion.
"To A for life, then, if B graduates college, to B." B graduated. A is alive.: B graduates during A's lifetime, B's contingent remainder is transformed automatically into an indefeasibly vested remainder. What does O have?
Shifting Executory Interest: (think Dr. Evil) i)Always follows a defeasible fee AND cuts short someone other than Grantor.
"To A for life, then to those children of B who survive A." A is alive.: Since A is alive, we don't know yet which children of B will survive A - so they are unascertained. The children of B who survive A have a contingent remainder. A has a life estate.
Rights and Duties of Co-Tenants -- Possession: Each co-tenant is entitled to possess and enjoy the whole. If one co-tenant wrongfully excludes another co-tenant from possession of the whole or any part, he has committed wrongful ouster.
Remainder: (1)a future interest created in a grantee (never O) that is (2)capable of becoming possessory (3)upon expiration of a prior possessory estate with fixed known duration (4)and created in the same conveyance in which the remainder is created. Will never follow a defeasible fee - waits for the preceding estate to come to a natural conclusion before taking. Will not cut short another's possession. Will be either VESTED or CONTINGENT Tom Hanks as Forrest Gump = Remainder man. Infinitely patient, sociable, gentle and polite. Never travels alone, would do no harm. ex. "To A for life, then to B" or ex. "To A for 10 yrs, then to B" B has a remainder.
"O to A for life, then to O's heirs." O is alive.: If Doctrine of Worthier Title recognized, A has a life estate, O has a reversion, the future interest in O's as yet unascertained heirs is void, absent clear intent on the part of O to do otherwise. If the Doctrine is NOT recognized (i.e., in Mass), then O's as yet ascertained heirs hold a contingent remainder.
Fee Simple Subject to Condition Subsequent - Language to Create: Grantor must use clear durational language AND must carve out the right to re-enter. "To A, but if X event occurs, grantor reserves the right to reenter and retake."
Options for partition of a Joint Tenancy: Partition presupposes that parties have come to the end of the road and it is time to dissolve this form of co-ownership. Three options - voluntary agreement, partition in kind, and forced sale.
Creation of Joint Tenancy: Grantor MUST clearly express the right of survivorship and must have the 4 unities. "T-TIP" i) At the same Time ii) By the same Title (in the same instrument) iii) With equal Interests (must have equal shares) and iv) With identical rights to Possess the whole. Creates need for strawman to convey back to self and another in joint tenancy.
The Rule Against Perpetuities: Certain kinds of future interests are void if there is any possibility, even remote, that the (1)given future interest may vest (2)more than 21 years (3)after the death of a measuring life. Represents a compromise position between the have-nots (Freedom! No strings!) vs. the haves (keep the land under control) The Haves get to condition the land, giving it some uncertainty, but only for so long - not into perpetuity.
Transferability of fee simple subject to condition subsequent: Devisable, Descendible, and Alienable, BUT always subject to the stated condition. ** Cannot convey more than you have - Mick Jagger can't always get what he wants! **
Severance of Joint Tenancy: SPAM -- Sale, Partition And Mortgage
Possibility of Reverter: Accompanies only the Fee Simple Determinable. (FSD-POR). Frank Sinatra Didn't Prefer Orville Redenbacher.
Severance and Mortgage: Minority (Title-theory of mortgage states, including MASS.) One joint tenant's execution of a mortgage or a lien on his or her share will sever the joint tenancy as to that now encumbered share. (Mortgage is considered an actual transfer.) Majority (lien-theory states). A joint tenant's execution of a mortgage on his or her interest will NOT sever the joint tenancy. And, if mortgagor dies before foreclosure, surviving joint tenants will take mortgagor's interest and the mortgage on the decedent mortgagor's interest will be wiped out.
Vested Remainder: Remainder is both Created in an ascertained person AND not subject to any condition precedent.
Future Interest in Fee Simple Subject to Executory Limitation: TP has executory interest.
"O To A, if and when he marries." A is unmarried.: (a)A has a springing executory interest (b)O has fee simple subject to A's springing executory interest. (c)If A marries, he gets to divest O, the grantor. (d)Notice this conveyance doesn't violate RAP b/c we'll know by the end of A's life IF the condition is met or not.
Contingent Remainder: Remainder is created in an (as yet) unascertained person OR Is subject to a condition precedent (or both).
Duration Fee Simple Subject to Executory Limitation: Potentially infinite, so long as the stated contingency does not occur.
The vested remainder subject to complete defeasance/total divestment: The holder of the remainder exists and is NOT subject to any condition precedent. HOWEVER, his right to possession could be cut short because of a condition subsequent. First, remember that IF a condition precedent existed, the remainderman would hold a contingent remainder. So in order to tell the difference between the two remember the "Comma Rule" => when conditional language in a transfer follows language that, taken alone and set off by commas, would create a vested remainder, the condition is a condition subsequent, and you have a vested remainder subject to complete defeasance.
The Tenancy in Common: 2 or more own with NO right of survivorship
Class is either Open or Closed: (1)A class is open if it is possible for others to enter (2)A class is closed when its maximum membership has been set, so that persons born thereafter are shut out.
"To A for life, then to B's first child." A is alive. B has no children yet.: Contingent Remainder. Reminder contingent b/c its created in as yet unborn or unascertained persons. Unknown B's child has a contingent remainder.
Voluntary Waste of Natural Resources: General rule is that life tenant cannot consume or exploit natural resources on the property (timber, oil, minerals). Except, one of the four PURGE exceptions. PURGE => Life tenant can PURGE the land. Prior Use Reasonable repairs Grant Exploitation
Reasonable Repairs Exception to Doctrine of Waste: LT may consume natural resources for reasonable repairs and maintenance of the premises.
Fee tail - historically and use today?: Virtually abolished in US. Historically, Fee tail would pass directly to grantee's lineal blood descendants no matter what. Today, attempted creation of fee tail creates instead Fee Simple Absolute.
Close Class by using common law Rule of Convenience: Class closes whenever any member can demand possession.
Equitable Conversion of a Joint Tenancy: In equity, a joint tenant's mere act of entering into a K for the sale of her share will sever the joint tenancy as to that contracting party's interest AS OF the date of K, not the date of conveyance. Equity regards as done that which ought to be done. Enter into contract on Jan 1 for the sale of a share in joint tenancy with the closing to take place Apr. 4. Under equitable conversion, Jan. 1 the joint tenancy as to that share is severed.
Executory Interests: An executory interest = a future interest created in a transferee (3rd party), i)which is not a remainder AND ii)which takes effect by either cutting short some interest (a)in another person (shifting) OR (b)in the grantor or his heirs (springing) The executory interest looms large to pounce on a preceeding estate - early interruption or divestiture.
4 Step Technique to asses RAP problem: (step one)determine which future interest has been created by the conveyance. (Step 2)Identify the conditions precedent to the vesting of the suspect future interest. (Step 3) Find a Measuring Life. (Step 4)Ask, Will we know, with certainty, within 21 yrs of the death of our measuring life, if our future interest holders can or cannot take?
Forced Sale: A judicial action for partition of a joint tenancy IF it in the best interest of all parties. The land is sold and sale proceeds are divided up proportionately. (works best when residential / commercial - doesn't lend itself to physical division)
Three ways to hold land concurrently: Joint tenancy - 2 or more own with right of survivorship Tenancy by the Entirety - a protected marital interest between Husband and Wife with the right of survivorship Tenancy in common - two or more own with no right of survivorship.
Creditors of one spouse and tenancy by the entirety: Cannot touch the tenancy at all.
"To A and his heirs so long as the land is used for farm purposes, and if the land ceases to be so used, to B and his heirs." Treatment under common law RAP?: Step one - Classify future interest. B has a shifting executory interest. Step two - Condition to trigger entitlement? the land must cease to be used for farm purposes. Step three - Measuring life? A Step four - won't know with certainty whether, within 21 years after the death of A, if B will take since A may abide by the condition during her lifetime and it might not be breached for 21 years after she has passed. Result? future interest is void. Conveyance left with "To A and his heirs so long as the land is used for farm purposes." (a)A has fee simple determinable (b)Grantor has the possibility of reverter (FSD POR) (d)No further RAP problem because RAP doesn't apply to future interest created in the Grantor.

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