Real Property MBE Tip of the Day
Real Property MBE Tip of the Day
Welcome to our MBE tip of the day series. This “MBE tip of the day” post focuses on real property.
You will see 25 scored real property MBE questions on the Multistate Bar Exam. In this post, we will review a real property question together. Note that we have posted several MBE tips (which you can find links to at the bottom of this post) that focus on a specific multiple-choice question that many students answer incorrectly. If you can master these questions, it could increase your MBE score by that many points if you see any of these issues tested again (which, by the way, you will!). These posts of MBE tips and tricks will not only cover substantive law but also strategy. So each “MBE tip of the day” post covers one highly-tested area of substantive law as well as an important MBE strategy. You can sign up to receive these posts directly to your inbox for the upcoming administration at the bottom of this page.
You can also review these MBE tips for FREE using the free subscription of our new MBE platform here!
MBE Tip of the Day Instructions
Do your best to answer this real property MBE question (before even looking at the answer choices and before looking at the answer below!) Ask yourself: What is the legal issue? What are the rule, analysis, and conclusion? Try to answer these beginning questions before even reading the answer choices. Then, uncover the answer as well as read more about our MBE tip of the day.
Show the MBE Question...
Real Property MBE Question
A woman owned Blackacre in fee simple. She conveyed Blackacre “to my daughter for life, then to my daughter’s children.” The woman properly executed a corresponding deed and delivered it to the daughter. The daughter did not record her deed.
The woman then changed her mind about her conveyance. She went over to the daughter’s house and ripped up the deed. The daughter saw the woman do this. The woman then conveyed Blackacre “to my cousin for life, and then to her children.” The cousin had no knowledge of the conveyance to the daughter.
Still believing that Blackacre was hers, the daughter then conveyed Blackacre “to my neighbor for life, and then to his children.”
The daughter subsequently died. The daughter, the neighbor, and the cousin all had two living children at that time. In whom is title to Blackacre vested?
(A) The daughter’s children hold title in fee simple.
(B) The neighbor holds a life estate and his children hold a vested remainder subject to open.
(C) The neighbor holds a life estate and both his children and the daughter’s children hold a vested remainder subject to open.
(D) The cousin holds a life estate and the cousin’s children hold a vested remainder subject to open.
Subject:
Legal Issue:
Legal Rule and Analysis:
Choose an answer choice that most closely matches your conclusion and explain why the others are incorrect:
Show the Answer to the MBE Question...
Answer to the Real Property MBE Question
Subject: Real Property
Legal Issue: Present and future interests
Legal Rule and Analysis: A life estate is measured by life, not by time. The measuring life can be the holder of the life estate, or it could be a third person. The language of the conveyance should indicate who the measuring life is. The grant of a life estate does not give away the entire estate, and thus it has a corresponding future interest. When the estate reverts to the grantor after the end of the measuring life, the grantor holds a reversion. When the estate goes to a third person after the end of the measuring life, the third person holds a remainder.
The holder of a life estate can give away the estate. However, they can’t give away any more than what they have. If the holder of a life estate explicitly conveys a new life estate, thereby introducing a new measuring life, the second life estate will be measured by both the new measuring life and the measuring life of the original life estate. For example: “O to A for life.” A holds a life estate measured in A’s life and O holds a reversion. Then say A says: “A to B for life.” B now holds a life estate measured in both A’s and B’s life (since A only holds an estate for as long as A lives, that’s all A could give). If A were to die, B’s life estate would terminate (since A’s life estate would terminate) and O’s reversion would kick in.
In this case, the woman conveys Blackacre to her daughter for life, and then to her daughter’s children. This gives the daughter a life estate and any children a remainder. A valid deed that has been delivered cannot be taken back just by ripping it up, it would need to be re-executed. Thus, the woman’s actions had no effect.
The daughter then conveyed Blackacre (which she merely held a life estate in) to her neighbor for life, then to his children. This life estate is measured in both the daughter’s and the neighbor’s life (as the daughter only had a life estate in her life to give), and the neighbor’s children would hold a remainder in life estate that would terminate when the daughter died. We are told that the daughter dies before the neighbor. Since the daughter’s life estate was measured in her life, that immediately ends her estate, which also ends the estate that was given to the neighbor and his children. The remainder that the daughter’s children held would then kick in.
Conclusion: The daughter’s children hold Blackacre in fee simple.
Look at the answer choices provided. Choose an answer choice that matches your conclusion. Review the other answer choices provided.
The answer choice (A) is therefore correct. (B) and (C) are incorrect because the neighbor’s life estate was measured in both the neighbor’s life and the daughter’s. Once the daughter died, both the daughter’s and the neighbor’s life estates end and the remainder in the daughter’s children kicks in. (D) is incorrect because the woman’s actions of ripping up the deed to the daughter would have no effect on its validity. Further, there is no recording act that could save the subsequent conveyance to the cousin since the cousin is not a bona fide purchaser for value.
MBE Tip: Come up with a system that diagrams conveyances and allows you to label present and future interests when reading the fact pattern. This question contained information about three different conveyances and created two different estates (since one of those conveyances was not valid). As you read, you should be charting these conveyances, labeling the life estates, utilizing arrows to show where the future interests go, and labeling any terminating events or conditions. Then when you see such an event or condition occur (such as the death of the daughter, who was a measuring life in the life estates of both the daughter and the neighbor), you can easily identify who now possesses the property.
Show Summary of the Two Key Takeaway Points for the Day
Key Takeaways and MBE Tips From Prior Posts
Takeaway for the Law: A life estate is always measured in terms of a life as opposed to time. This life could be that of the holder or of a third person. Additionally, a subsequently-conveyed life estate will be measured both by the measuring life designated in the new conveyance and the measuring life of the grantor’s life estate.
MBE Tip: Come up with a system that diagrams conveyances and allows you to label present and future interests when reading the fact pattern.
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MBE Tip of the Day
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