Possessory Estates

Question 1

Fee Simple

Answer 1

O to A and [his or her] heirs
Words of Limitation “and {his or her] heirs”
Words of Purchase “to A”.
- Fee Simple = No inherent limitation, a fee simple will not end naturally.

Question 2

Fee Tail

Answer 2

“O to A and the heirs of [his or her body].
A possesses the land, but cannot devise possession after his or her death.
Land passes automatically to A’s Issue - regardless of A’s will. (it is not devised or “inherited”).

Question 3

Life Estate

Answer 3

“O to A for life”

Right of Possession for his/her lifetime.

Question 4

Term of Years

Answer 4

“O to A for ____ Years”

Leasehold Estate

Question 5

Estate Pur Autre Vie

Answer 5

O to A for life. A to B for the Life of A.

- B has an estate “for the life of another” = Pur Autre Vie.

Question 6

“O to A”

Answer 6

• No words of limitation is presumed to convey all that the grantor could convey.
  Fee Simple -> Fee Simple Conveyed

Question 7

Defeasible Estate

Answer 7

Fee that is capable of being “de-feased” or brought to an end by the occurrence of an Event.
Two Types:
1) Determinable Estate
2) Estate Subject to a Condition Subsequent

Question 8

Determinable Estate

Answer 8

O to A until A’s youngest child reaches 25, then back to O.
- Ends Automatically when the event takes place
- Language of Temporal Iimitation:
Until, So long as, While, During
- Placed Gramatically within the words describing A’s Estate.

Question 9

Estate Subject to a condition Subsequent

Answer 9

“O to A and her heirs, but if A divorces, then back to O.”
- Language of Express Condition:
- But if,
- Provided that
- On condition that
- However,
- Limitation is placed in the following estate = reason why it is a condition subsequent.
O has the rifht to interrupt A’s normal duration of the estate.

Question 10

O to A and her heirs while A or one of A’s issue lives on the property. If there comes a time when neither A nor one of A’s issue lives on the land, then to O.

Answer 10

Fee Determinable

• Stated both in the description of A’s Estate and again in O’s estate, but does not matter.
• if temporal limitation is described in A’s Estate, it is determinable.

Question 11

O to A on condition that A does not divorce and if A divorces then to O.

Answer 11

• Commas are a drafting convention.

- Still uses the expressly conditional language

Question 12

Types of Additional Limitations

Answer 12

1) Absolute - No limitations
2) Inherent End (Not Fee Simple)
3) Additional limitation that marks how long it will last.
(Determinable).
4) Subject to O’s right to reclaim it in case a particular event occurs. (subject to a condition subsequent).

Question 13

Future Interest Following an Inherently Limited Estate

Answer 13

Reversion

• Future interest that follows an estate that ends naturally.
• Possessory interest in the land reverts back to the Grantor again, when A’s estate ends.

Question 14

“O to A for life” - Who has what?

Answer 14

A has a possessory estate in life estate

O has a reversion

Question 15

Future interest following a determinable estate

Answer 15

Possibility of Reverter

• Speculative future interest - it may or may not occur.
• Interest that waits patiently for the event to occur.

Question 16

O to A and her heirs so long as the land is used as a library.

Answer 16

A has a possessory estate in fee simple determinable

O has a possibility of reverter.

Question 17

Future Interest Following An Estate Subject to a Condition Subsequent

Answer 17

Right of Entry

- Grantor must take some action to enforce the right to enter into possession = Future interest is a “right” of entry.

Question 18

IF Determinable, Grantor has what interest?

Answer 18

Possibility of Reverter

Question 19

If Estate is Subject to a Condition Subsequent, then Grantor has what interest?

Answer 19

Right of Entry

Question 20

If Estate Naturally Ends (inherently limited in duration) Grantor has what interest?

Answer 20

Reversion