Possessory Estates

Question 1

Doctrine of Waste

Answer 1

Affirmative -> voluntary acts -> substantially lower value of property

permissive -> failure to act

ameliorative -> B has right to land in current state

Question 2

Fee Simple Determinative (FSD)

Answer 2

O to A SO LONG AS land is used for farming

“possibility of reverter” in O

Automatic divestiture

Duration words
- so long as; unless; while; as long as; during; until

Question 3

Fee Simple Subject to Condition Subsequent (FSSCS)

Answer 3

O to A , PROVIDED THAT land is always used to farm

COMMA + conditional language limiting something

“right of reentry” in O

Conditional Words
- provided, however; on condition that; provided that; but if

Question 4

Fee Simple Subject to Executory Limitations (FSSEL)

Answer 4

O to A, provided land always used for farming, OTHERWISE TO B.

future interest given to someone else

automatic divestiture -> “executory interest” in 3rd party