Lecture 6 - The Fee Simple

Question 1

What is the key point about the fee simple?

Answer 1

All land held by someone somewhere in fee simple

Question 2

What are the two basic features of a fee simple estate?

Answer 2

1. Freely alienable
2. Heritable

Question 3

What are the two types of modified fee simple?

Answer 3

1. Fee simple conditional - Artificial/unnatural cutting off
2. Fee simple determinable - Natural end following the occurrence of a determining event

Question 4

What are the two subcategories of fee simple conditional?

Answer 4

1. Condition precedent
2. Condition subsequent

Question 5

What is the current law on future interests?

Answer 5

Banned under 2009 Act (for FS determinable)

Question 6

What right does the grantor have with a conditional FS?

Answer 6

Right of entry for condition broken

Question 7

s51 Conveyancing Act 1881

Answer 7

“to A in fee simple” – passes the fee simple

Question 8

Wills Act 1837

Answer 8

Created a statutory presumption that a bequest of land was to be regarded as being in fee simple unless the contrary appeared on the face of the will

Question 9

What is the rule in Shelly’s Case

Answer 9

 Applies in a very special circumstance – Conveyance “to A for life, remainder to A and his heirs”
 Ignore “the words to A for life”
 This was read as giving A the fee simple immediately.
 There is no life estate

Question 10

s67 2009 Act

Answer 10

 Words of limitation are no longer required to pass the fee simple.
 There is a presumption that any will/deed will pass the greatest interest in the land which the testator/grantor has to give unless the contrary appears.