Patricia owns a waterfront parcel along the Delaware Bay in Kent County, Delaware. She conveys the property 'to my son David for life, then to my daughter Ellen and her heirs.' David later attempts to sell the property in fee simple to a third-party buyer, Marcus. Which of the following most accurately describes what Marcus would receive if the conveyance to him is completed?
Correct Answer
B) A life estate measured by David's life, which terminates upon David's death
David holds only a life estate — the right to possess and use the property during his own lifetime. A fundamental principle of property law, recognized in Delaware, is that a grantor cannot convey greater title than they themselves hold (the nemo dat principle). When David attempts to convey a fee simple to Marcus, Marcus receives only what David actually has: a life estate pur autre vie (a life estate measured by the life of another — here, David's life). Marcus's interest will terminate automatically upon David's death, at which point Ellen's vested remainder becomes possessory.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.
Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.
A freehold estate conveys ownership rights, while a leasehold estate grants the right to possess and use property for a specific period without ownership.
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