Estates & future interests

"Condition" language creates executory interest, but new executory interests banned unless held by public or charitable entities

In White v. Auger,2019 N.H. LEXIS 4 (N.H. 2019), the grantor conveyed property to a grantee "on condition that" the grantee build on it (or on adjacent land) and live there (within 10 years) created a fee simple subject to executory limitation. State statutes abolished possibilities of reverter, rights of entry, and...

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Possibility of reverter or right of entry cut off after 30 years

Massachusetts law sets a thirty year limit to possibilities of reverter following a fee simple determinable or rights of entry following a free simple subject to condition subsequent. Mass. Gen. Laws ch. 184A, §7. This contrasts with the 90 year limit for executory interests. Mass. Gen. Laws ch. 190B, § 2-901. The 30 year limitation was recently applied in ... Read more about Possibility of reverter or right of entry cut off after 30 years

Permanent rights of refusal for tenancy in common interests owned by family members held void as unreasonable restraints on alienation

A Massachusetts court has held that permanent rights of refusal applying to tenancy-in-common interests were void as unreasonable restraints on alienation. DiSchino v. Delanson Circle Holding, 2018 Mass. Super. LEXIS 67 (Mass. Super. Ct. 2018).

The court noted that the state had a...

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While real property held as tenancy by the entirety cannot be conveyed absent consent of both spouses, funds held in a bank account can be withdrawn by either spouse and, upon withdrawal, cease to be entireties property

The Supreme Court of Tennessee overruled prior cases and adopted the Arkansas approach that allows spouses that own bank account as tenants by the entirety are free to withdraw funds unilaterally (without consent of their co-owner) and that moneys so withdraw become the individual property of the spouse that withdrew the funds. This contrasts with real property which neither spouse may convey without the consent of the other....

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Can an owner or inhabitant of real property give police the right to search property when a co-owner or coinhabitant objects?

The Appeals Court of Massachusetts held that the police could search a closed suitcase in a common closet of a bedroom when given permission to do so by the defendant's coinhabitant. Commonwealth v. Hernandez,93 Mass. App. Ct. 172, 2018 Mass. App. LEXIS 48 (Mass. App. Ct. 2018). This ruling was based on traditional...

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Will leaving land to surviving heirs of the decedent's child creates a life estate in the child with remainder in the heirs

The Georgia Supreme Court has interpreted a will leaving land to the "surviving heir or heirs" of the decedent's child as creating a life estate in the child with a contingent remainder in the child's heirs. Anderson v. Anderson, 791 S.E. 2d 40 (Ga. 2016) Read more about Will leaving land to surviving heirs of the decedent's child creates a life estate in the child with remainder in the heirs