Chapter 3

Question 1

Which estates can be said to be “absolute”?

Answer 1

fee simple (absolute)

Question 2

What are the inherently limited estates?

Answer 2

fee tail, life estate, and term of years

Question 3

What kinds 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 condition subsequent?

Answer 4

determinale 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 condition subsequent?

Answer 5

ES/CS

Question 6

Name four examples of word or phrases for determinable estate

Answer 6

until, while, during, so long as

Question 7

Name four examples of words or phrases for estate subject to a condition subsequent

Answer 7

however, provided that, but if, on condition that

Question 8

Which allows the grantor to postpone the decision about whether to enforce the condition-Determinable estate or ES/CS?

Answer 8

ES/CS

Question 9

Which uses the condition as the durational marker defining the length of the estate granted-determinable estate or an estate subject to condition subsequent?

Answer 9

determinable estate

Question 10

In which estate does the occurrence of the condition interrupt the prior estate-determinable estate or ES/CS?

Answer 10

es/cs

Question 11

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

Answer 11

A: FSD

Question 12

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

A: FSD

Question 13

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

Answer 13

A: FS/CS

Question 14

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

Answer 14

A: FS/CS

Question 15

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

Answer 15

A: FS/CS

Question 16

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

Answer 16

A: FSD

Question 17

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

Answer 17

A: FS/CS

Question 18

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

Answer 18

A: FSD

Question 19

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

Answer 19

A: FSD

Question 20

O to A.

Answer 20

FSA

Question 21

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

Answer 21

FS/CS

Question 22

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

Answer 22

FSD

Question 23

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

Answer 23

LED

Question 24

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

Answer 24

LE/CS

Question 25

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

Answer 25

term of years

Question 26

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

Answer 26

term of years determinable

Question 27

O to A for the life of B.

Answer 27

life estate pur autre vie

Question 28

Who has the right to possession at the end of the series of event? 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 the property.

Answer 28

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

Question 29

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 the property.

Answer 29

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