Texas Real Estate Exam

Category - Texas

Otto, the owner of Blackmore, sold it to Anne, but reserved to himself a life estate, and remained in possession. Later, Otto sold his life estate to Beth, and surrendered possession to her. Anne then demanded immediate possession as the fee owner. In this situation:

  1. Anne is entitled to possession
  2. Beth should sue for the return of his purchase price
  3. Otto is liable for damages to Anne
  4. Beth can retain possession as long as Otto lives
Explanation

Answer: D - Since Otto retained a life estate when he sold the property to Anne, he can do whatever he wishes with his interest. The sale of his life estate to Beth is permitted and Anne has no rights at this time to demand immediate possession.

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