Chapter 3

Question 1

Which estate(s) can be said to be “absolute”?

Answer 1

Only a fee simple can be absolute

Question 2

What are the inherently limited estates?

Answer 2

Fee tail, life estate, and term of years

Question 3

What kids of estates “end naturally”?

Answer 3

Fee tail, life estate, and term of years

Question 4

Which kind of estate ends automatically upon the happening of a limiting condition: a determinable estate or an estate subject to a condition subsequent?

Answer 4

A determinable estate.

Question 5

Which kind of estate does not end automatically upon the happening of a limiting condition: a determinable estate or an estate subject to a condition subsequent?

Answer 5

An estate subject to a condition subsequent.

Question 6

Name four examples of the words or phrases of “temporal limitation,” that is, words or phrases that signal a determinable estate.

Answer 6

Until, while, during, as long as.

Question 7

Name four examples of the words or phrases of “express condition,” that is, words or phrases that signal an estate is subject to a condition subsequent.

Answer 7

But if, provided that, on condition that, however.

Question 8

As between a determinable estate and an estate subject to a condition subsequent, which allows the grantor to postpone the decision about whether to enforce the condition?

Answer 8

An estate subject to a condition subsequent.

Question 9

As between a determinable estate and an estate subject to a condition subsequent, which uses the condition as the durational marker defining the length of the estate granted?

Answer 9

Determinable estate.

Question 10

In which estate does the occurrence of the condition interrupt the prior estate: a determinable estate or an estate subject to a condition subsequent?

Answer 10

An estate subject to a condition subsequent.

Question 11

Draw a vertical line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest. Beneath each conveyance, write the complete name of A’s possessory estate.

O to A so long as A does not divorce B, then back to O.

Answer 11

O to A so long as A does not divorce B, | then back to O.

A: possessory estate in fee simple determinable.

Question 12

Draw a vertical line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest. Beneath each conveyance, write the complete name of A’s possessory estate.

O to A and her heirs so long as A does not divorce B, but if A divorces B, then back to O.

Answer 12

O to A and her heirs so long as A does not divorce B, | but if A divorces B, then back to O.

A: possessory estate in fee simple determinable.

Question 13

Draw a vertical line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest. Beneath each conveyance, write the complete name of A’s possessory estate.

O to A and his heirs, but if A divorces B, then to O.

Answer 13

O to A and his heirs, | but if A divorces B, then to O.

A: possessory estate in fee simple subject to a condition subsequent.

Question 14

Draw a vertical line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest. Beneath each conveyance, write the complete name of A’s possessory estate.

O to A, on the condition that A does not divorce B.

Answer 14

O to A, | on the condition that A does not divorce B.

A: possessory estate in fee simple subject to a condition subsequent.

Question 15

Draw a vertical line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest. Beneath each conveyance, write the complete name of A’s possessory estate.

O to A and his heirs, provided that A does not divorce B, then to O.

Answer 15

O to A and his heirs, | provided that A does not divorce B, then to O.

A: possessory estate in fee simple subject to a condition subsequent.

Question 16

Draw a vertical line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest. Beneath each conveyance, write the complete name of A’s possessory estate.

O to A until A divorces B, then back to O.

Answer 16

O to A until A divorces B, | then back to O.

A: possessory estate in fee simple determinable.

Question 17

Draw a vertical line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest. Beneath each conveyance, write the complete name of A’s possessory estate.

O to A; however, if A divorces B, then to O.

Answer 17

O to A; | however, if A divorces B, then to O.

A: possessory estate in fee simple subject to a condition subsequent.

Question 18

Draw a vertical line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest. Beneath each conveyance, write the complete name of A’s possessory estate.

O to A and her heirs while A refrains from divorcing B.

Answer 18

O to A and her heirs while A refrains from divorcing B. |

A: possessory estate in fee simple determinable.

Question 19

Draw a vertical line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest. Beneath each conveyance, write the complete name of A’s possessory estate.

O to A and her hiers during the time that A refrains from divorcing B, then back to O.

Answer 19

O to A and her heirs during the time that A refrains from divorcing B, | then back to O.

A: possessory estate in fee simple determinable.

Question 20

Draw a vertical line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest. Beneath each conveyance, write the complete name of A’s possessory estate.

O to A. (Assume modern law)

Answer 20

O to A. | (Assume modern law)

A: possessory estate in fee simple absolute.

Question 21

Draw a vertical line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest. Beneath each conveyance, write the complete name of A’s possessory estate.

O to A, provided that A never drills for oil on property.

Answer 21

O to A, | provided that A never drills for oil on property.

A: possessory estate in fee simple subject to a condition subsequent.

Question 22

Draw a vertical line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest. Beneath each conveyance, write the complete name of A’s possessory estate.

O to A and his heirs for so long as A cares for B on the premises.

Answer 22

O to A and his heirs for so long as A cares for B on the premises. |

A: possessory estate in fee simple determinable.

Question 23

Draw a vertical line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest. Beneath each conveyance, write the complete name of A’s possessory estate.

O to A for life or until B graduates from medical school.

Answer 23

O to A for life or until B graduates from medical school. |

A: possessory estate in life estate determinable.

Question 24

Draw a vertical line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest. Beneath each conveyance, write the complete name of A’s possessory estate.

O to A and the heirs of his body.

Answer 24

O to A and the heirs of his body. |

A: possessory estate in fee tail.

Question 25

Draw a vertical line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest. Beneath each conveyance, write the complete name of A’s possessory estate.

O to A for life, on the condition that A never sells alcohol on the property.

Answer 25

O to A for life, | on the condition that A never sells alcohol on the property.

A: possessory estate in life estate subject to a condition subsequent.

Question 26

Draw a vertical line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest. Beneath each conveyance, write the complete name of A’s possessory estate.

O to A from September 1, 2002, until August 31, 2008.

Answer 26

O to A from September 1, 2002, until August 31, 2008. |

A: possesory estate in a term of years.

Question 27

Draw a vertical line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest. Beneath each conveyance, write the complete name of A’s possessory estate.

O to A for 30 years while A resides on the premises.

Answer 27

O to A for 30 years while A resides on the premises. |

A: possessory estate in a term of years determinable.

Question 28

Draw a vertical line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest. Beneath each conveyance, write the complete name of A’s possessory estate.

O to A for the life of B.

Answer 28

O to A for the life of B.

A: possessory estate in a life estate pur autre vie.

Question 29

Draw a vertical line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest. Beneath each conveyance, write the complete name of A’s possessory estate.

O to A and the heirs of her body so long as the land is farmed, but if the land ceases to be farmed, then back to O.

Answer 29

O to A and the heirs of her body so long as the land is farmed, | but if the land ceases to be farmed, then back to O.

A: possessory estate in fee tail determinable.

Question 30

Who has the right to possession at the end of the series of events? Explain your answer.

Conveyance: “O to A until A graduates from law school, then back to O.” Two years later A graduates from law school. O makes no attempt to retake property.

Answer 30

O has the right to possession because A’s estate was a fee simple determinable, which ended automatically.

Question 31

Who has the right to possession at the end of the series of events? Explain your answer.

Conveyance: “O to A; however, if A graduates from law school, then back to O.” Two years later A graduates from law school. O makes no attempt to retake property.

Answer 31

A has the right to possession because A’s estate was a fee simple subject to a condition subsequent, which does not end automatically. O must take some action to reclaim the land.

Question 32

A client has come to you for advice. Answer client’s question.

^{“I own a small house that I presently use as a rental unit. My daughter has just graduated from college, and I want to give it to her as her first home. However, she isn’t married yet, and I haven’t really approved of most of the men she has dated. I want to able to take the house back if she should marry someone I think will induce her to squander the equity in the home. How can I do that?”}

Answer 32

^{“You can convey the house to your daughter until she marries (a fee simple determinable). That way, you wouldn’t have to expressly condition your right to reclaim the land on your disapproval, since that would add unnecessarily to the family tension. You can explain to her that you want her to have the house to help her get started in life, but that when she marries, presumably she and her new spouse will be able to support themselves. Ultimately, if she marries someone of whom you approve, you can convey the property to her without any limitiation (a fee simple absolute).”}

^{[<em>Note</em>: The attorney would have to take particular care in drafting this conveyance that “penalize” marriage as opposed to those designed to provide support until marriage, so the conveyance and its supporting documentation should clarify the latter intention.]}

Question 33

A client has come to you for advice. Answer client’s question.

^{“I was chasing my dog, who had run into a lot with a boarded-up church building on it. I fell into an open hole on the property and broke my spine. I have lots of medical bills, and since I haven’t been able to work, I have no way to pay them. I went down to the courthouse to see who owns the property, and I found a deed that read ‘Alicia Baker conveys to the First Congregational Church for so long as the property is used for church purposes.’ As far as I can tell, the First Congregational Church has closed, and all its members have gone to other churches. I don’t think the church has any assets anymore. Is there anyone other that the church who might be responsible for my injuries?”}

Answer 33

^{“What Ms. baker conveyed to the church is a fee simple determiniable, which lasts only until the land is no longer used as a church. Since that triggering event (the cessation of use as a church) appears to have happened, the possessory estate had probably already returned to Ms. Baker by the time of your injury. Therefore, Ms. Baker may be liable for injuries sustained on the property, even if she didn’t know the church had closed and even if no other documents had been filed at the Courthouse.”}

_{[<em>Note:</em> in some jxs, statutes would cover this question and might alter the result.]}

Question 34

A client has come to you for advice. Answer client’s question.

^{“I have taken a job working in Spain, and I expect to be living in Madrid for a long time, maybe for the rest of my life. I don’t want to rent my U.S. house because I won’t be in the country to take care of it. Frankly, I don’t expect to ever need it again. I had planned to devise it to my niece, but one never knows what life has in store, and if I need it again, I’d like to have access to it. Is there a way that I could give it to my neice now but get it back if I move back to the States and need it again?”}

Answer 34

^{“Yes. You can do one of two things: (1) You can convey to your neice a fee simple determinable that will end automatically upon your return to live in this country. Your neice will have the rights and responsibilites of an owner, but only until you return. You will be able to reclaim the property automatically, though as a practical matter, you’ll want to have your neice execute a quit claim deed or a release back to you upon your return so you can establish record title. (2) You can convey a fee simlpe subject to a condition subsequent. The only practical difference is that second option doesn’t operate automatically. Therefore you could return to this country and decide at that point whether to let your neice keep the property despite your return.”}

_{[Note: Insome jxs, statuteswould cover this question and might alter the result.]}