Chapter 2: Defeasible Fees

Question 1

If something is “______________,” then it is transferable by a decedent’s will

Answer 1

Devisable

Question 2

If something is “________________,” then it is transferable by intestacy law.

Answer 2

Descendible

Question 3

Unlike a fee simple absolute estate, a ___________ ____ may be terminated by the occurrence of an event.

Answer 3

defeasible fee

Question 4

Three defeasible fee simples are
(i) fee simple ______________
(ii) fee simple subject to a ____________ subsequent
(iii) fee simple subject to an ___________ interest

Answer 4

(i) determinable
(ii) condition
(iii) executory

Question 5

A future interest that will cut short or terminate an earlier interest

Answer 5

Executory Interest

Question 6

Possibility of reverter goes with what type of fee simple?

Answer 6

Fee simple determinable

Question 7

Right of Entry goes with what type of fee simple?

Answer 7

Fee simple subject to condition subsequent

Question 8

Which vests automatically? Possibility of Reverter or Right of Entry?

Answer 8

Possibility of reverter - which goes with fee simple determinable

Question 9

What type of defeasible fee is a present fee simple estate that is limited by specific durational language (e.g., “so long as,” “while,” “during,” “until”)?

Answer 9

Fee simple determinable

Question 10

Oliver conveys Blackacre “to Anna.”

Answer 10

fee simple absolute

Question 11

Oliver conveys Blackacre “to Anna while the land is used for school purposes.”

What type of estate is this?

Answer 11

Fee simple determinable

Question 12

Oliver conveys Blackacre “to Anna while the land is used for school purposes, then to Ben.”

What type of fee simple is this?

Answer 12

Fee simple subject to executory interest

Question 13

Oliver conveys Blackacre “to Anna, but if Anna gets a pet, Oliver may re-enter and re-take.”

What type of fee simple is this?

Answer 13

Fee simple subject to condition subsequent; suggests that the grantor must exercise a right in order to take possession

Question 14

What does it mean when we say that unlike a fee simple determinable, termination of a fee simple subject to a condition subsequent is not automatic?

Answer 14

Upon occurrence of the stated condition, the present fee simple will terminate ONLY IF the grantor affirmatively demonstrates intent to terminate (e.g., by bringing an eviction action). Only then does the grantee have the right of entry.

Question 15

Match:

1. fee simple absolute
2. fee simple determinable
3. fee simple subject to a condition subsequent

a. nothing
b. right of entry
c. possibility of reverter

Answer 15

1a - nothing
2c- possibility of reverter
3b - right of entry