9: Introduction to Present Possessory Estates, Terminology

Question 1

Present Possessory Estates

Answer 1

type of property ownership where the holder has the present or current right to possess the real property

Question 2

“to B and his heirs”

Answer 2

PPE, Fee Simple Absolute

Question 3

the most common form of property ownership

Answer 3

PPE, Fee Simple Absolute

Question 4

absolute ownership of potentially infinite duration

Answer 4

PPE, fee simple absolute

Question 5

Fee simple absolute is freely _____, _____, _____, _____ (TADD)

Answer 5

alienable, transferable, devisable (able to be transferred by will), descendible (will pass to heirs through intestacy)

Question 6

Fee simple absolute has _____ corresponding future interest

Answer 6

no

Question 7

fee simple absolute is a present _____ _____

Answer 7

present possessory estate

Question 8

May be terminated by the occurrence of an event

Answer 8

PPE, Defeasible Fees

Question 9

Defeasible fees are present _____ _____

Answer 9

possessory estates

Question 10

“to B and his heirs, until B gets married”

Answer 10

PPE, fee simple determinable

Question 11

Fee simple determinable is limited by specific _____ language

Answer 11

durational

Question 12

Fee simple determinable terminates _______ upon the happening of a stated condition

Answer 12

automatically

Question 13

FSD

Answer 13

Fee simple determinable

Question 14

FSD, Future Interest: possibility of _______

Answer 14

possibility of reverter

Question 15

FSD, Future Interest, POR: upon the occurrence of the stated ______, the estate automatically reverts back to the ______ (automatic forfeiture)

Answer 15

condition, grantor

Question 16

FSD is _____, _____, _____ (but condition still applies)

Answer 16

transferrable, devisable, descendible

Question 17

FSDPOR

Answer 17

fee simple determinable possibility of reverter

Question 18

Frank Sinatra Didn’t Prefer Olivia Rodrigo

Answer 18

fee simple determinable possibility of reverter

Question 19

“to B and his heirs, but if B gets married, then A can reenter Blackacre”

Answer 19

PPE, Fee Simple Subject to Condition Subsequent

Question 20

FSSTCS

Answer 20

Fee simple subject to condition subsequent

Question 21

FSSTCS is a present _____ _____

Answer 21

possessory interest

Question 22

Fee simple subject to condition subsequent is ______ in ______ by specific ______ language

Answer 22

Fee simple subject to condition subsequent is limited in duration by specific conditional language

Question 23

Fee simple subject to condition subsequent is _____ indefinite, but subject to defeasance upon the happening of a ______ event

Answer 23

Fee simple subject to condition subsequent is potentially indefinite, but subject to defeasance upon the happening of a specified event

Question 24

FSSTCS, Future Interest, right of _____

Answer 24

FSSTCS, Future Interest, right of entry

Question 25

FSSTCS, Future Interest, Right of Entry: held by the _____, termination is not _____, if stated condition occurs, the present fee simple will terminate only if grantor _____ demonstrates _____ to terminate

Answer 25

FSSTCS, Future Interest, Right of Entry: held by the grantor, termination is not automatic, if stated condition occurs, the present fee simple will terminate only if grantor affirmatively demonstrates intent to terminate

Question 26

“to B for as long as the property is used as a hospital, then to C”

Answer 26

PPE, Fee Simple Subject to Executory Limitation

Question 27

FSSTEL

Answer 27

Fee Simple Subject to Executory Limitation

Question 28

Fee simple subject to executory limitation is limited in duration by either ______ OR ______ language, such that it will ______ upon the occurrence of the specified condition, and title will pass to a third party (someone other than the ______)

Answer 28

Fee simple subject to executory limitation is limited in duration by either durational OR conditional language, such that it will terminate upon the occurrence of the specified condition, and title will pass to a third party (someone other than the grantor)

Question 29

FSSTEL, Future Interest: ______ interest (_____ forfeiture to third party)

Answer 29

FSSTEL, Future Interest: executory interest (automatic forfeiture to third party)

Question 30

FSSTEL, Future Interest: ______ ______

Answer 30

executory interest

Question 31

“to B and the heirs of his body”

Answer 31

PPE, Fee Tail

Question 32

Fee Tail is a present ______ ______

Answer 32

present possessory interest

Question 32

Fee Tail is ______ in most states

Answer 32

eliminated

Question 33

Fee Tail _____ the estate to the grantee’s _____ _____ _____ by specific words of limitation

Answer 33

Fee Tail limits the estate to the grantee’s lineal blood descendants by specific words of limitation

Question 33

Attempted creation of a _____ _____ is usually construed as a fee simple absolute

Answer 33

fee tail

Question 33

“to B for life”

Answer 33

PPE, Life Estate

Question 34

Life Estate is ______ in ______ by a life

Answer 34

Life Estate is limited in duration by a life

Question 35

Life estate is never measured in terms of ______

Answer 35

years

Question 36

Life Estate: upon the end of the measuring life, title reverts to the _____ or a specified _____

Answer 36

grantor or remainderman

Question 37

Life Estate, Future Interest: ______ to grantor or remainderman

Answer 37

reversion

Question 38

Life Estate: a life tenant is ______ to all reasonable uses and profits from the land

Answer 38

entitled

Question 39

Life Estate: the life tenant must not _____ _____

Answer 39

commit waste

Question 40

“to B for the life of C”

Answer 40

PPE, Life estate pur autre vie: life estate for the lifetime of another

Question 41

“to B, in the hope that she will go to law school”

Answer 41

words of hope and desire, NOT binding

Question 42

“to A, as long as she never sells the property”

Answer 42

restrains on alienation are unenforceable UNLESS linked to a reasonable time duration: “to A, as long as she doesn’t sell the property in the next 5 years”