Estates in Land

Question 1

Fee Simple Determinable

Answer 1

Estate that AUTOMATICALLY terminates on the happening of a stated event and reverts back to the grantor

Question 2

Fee Simple Determinable: Future Interest in Grantor

Answer 2

Possibility of reverter

Question 3

Fee Simple Determinable: Formation Language

Answer 3

“For so long as”
“Until”
“While”
“During”

Question 4

Fee Simple Subject to a Condition Subsequent

Answer 4

Created when a grantor retains power to terminate (re-entry) upon the happening of a specified event

Question 5

Fee Simple Subject to a Condition Subsequent: Future Interest in Grantor

Answer 5

Right of entry

• If no right of entry, FSSCS is essentially FSA because there is no power of termination

Question 6

Fee Simple Subject to a Condition Subsequent: Formation Language

Answer 6

“But if”
“Upon condition that”
“Provided that”

Question 7

Fee Simple Subject to an Executory Interest

Answer 7

Fee simple estate terminates upon the happening of a stated event and then passes to a third party

Question 8

Fee Simple Subject to an Executory Interest: Future Interest in Grantor

Answer 8

None

Question 9

Fee Simple Subject to an Executory Interest: Future Interest in Third Party

Answer 9

Shifting executory interest

Question 10

Fee Simple Subject to an Executory Interest: Formation Language

Answer 10

FSD/FSSCS language + “and if not - to B” or “but if - to B”

Question 11

Life Estate

Answer 11

Estate measured by the life of one or more people

Question 12

Life Estate (Non-defeasible): Future Interest of Grantor

Answer 12

Reversion (“to A for life,” “to A for the life of B”)

None (“to A for life, then to B”)

Question 13

Life Estate (Defeasible): Future Interest of Third Party

Answer 13

Executory interest (O retains reversion)

Question 14

Vested Remainder

Answer 14

Created in an existing and ascertainable person, and NOT subject to a condition precedent

Question 15

Indefeasibly Vested Remainder

Answer 15

Not subject to divestment or diminution

“to A for life, then to B”

Question 16

Vested Remainder Subject to Total Divestment

Answer 16

Subject to a condition subsequent (right to possession can be cut)

(“to A for life, then to B; but if B dies unmarried, then to C”)

Question 17

Vested Remainder Subject to Open

Answer 17

Created in a class of persons that is certain to become possessory, but subject to diminution

Question 18

Class gifts

Answer 18

Class closes when some members can call for distribution

• VRSTO - at least one member exists
• Contingent remainder - none yet exist)

Question 19

Shifting Executory Interest

Answer 19

Cuts short a grantee

Question 20

Springing Executory Interest

Answer 20

Cuts short a grantor

Question 21

Contingent Remainder

Answer 21

A remainder is contingent if it is:

• Created in unascertainable persons, or
• Subject to a condition precedent

Question 22

Rule Against Perpetuities: Definition

Answer 22

A future interest is void if there is any possibility, no matter how remote, that it will vest more than 21 years after the death of the measuring life

Question 23

Rule Against Perpetuities: Measuring Life

Answer 23

A life “in being” when the interest was created whose actions during life, at death, or within 21 years after death determine whether a future interest satisfies RAP

Question 24

Rule Against Perpetuities: Application

Answer 24

• VRSTO (as long as the class is open)
• Contingent remainder
• Shifting and springing executory interests
• Options and rights of first refusal

Question 25

Rule Against Perpetuities: Exception

Answer 25

Does not apply to conveyances from one charity to another