Maine Real Estate License Practice Exam

What occurs when Lucious Augustus Winberry dies concerning his farm?

1. The will creates a subdivision that must be approved

2. No subdivision is created since there are no buildings on the property

3. No subdivision is created since it was done by devise

4. The legal subdivision can be successfully challenged by the abutters

The correct answer is: No subdivision is created since it was done by devise

When Lucious Augustus Winberry dies, the aspect of the subdivision is closely tied to the legal terms of property transfer as outlined in his will. In cases where property is transferred through a devise (a legal term referring to the transfer of real property via a will), there are distinct legal implications. A subdivision, which typically refers to the division of land into smaller plots, would not automatically take effect simply because of Winberry's death. Instead, the property would be handled according to his will's provisions. If it stipulates that the property must remain intact or indicates specific development plans, the desire or intent to create a subdivision could lack legal grounding. Therefore, because the property in question is addressed through a devise in a will, this prevents the automatic creation of a subdivision. The will itself delineates how the land should be treated, making it clear that no subdivision arises since it is governed by the executory terms of the will. This understanding preserves the integrity of the intended use outlined by the deceased.