practice q

Question 1

O conveys, “To A and her heirs.” Then A conveys her interest to B for 2 years. One year later, A dies. Assess the state of title.

Answer 1

B has a leasehold estate for 1 more year. A’s heirs have fee simple absolute.

Question 2

Grantor, O, conveys, “To A and the heirs of his body.” Assess the state of title under common law.

Answer 2

A has a fee tail. O has a reversion in fee simple absolute.

Question 3

O, conveys, “To A and the heirs of her body.” Then A dies, devising her entire estate to her husband, B. A has one child, C. Assess the state of title under common law.

Answer 3

C has fee tail. O has a reversion in fee simple absolute. B has nothing.

Question 4

O, conveys, “To A and the heirs of his body.” Then A conveys whatever interest he has to B. Assess the state of title under common law.

Answer 4

B has a life estate pur autre vie. O has a reversion in fee simple absolute.

Question 5

O conveys, “To A for life.” Assess the state of the title.

Answer 5

A has a life estate. O has a reversion in fee simple absolute.

Question 6

O conveys, “To A for life, then to B.” Assess the state of the title (assume the modern rule for the creation of fee simple).

Answer 6

A has a life estate. B has a remainder in fee simple absolute

Question 7

O conveys Blackacre, “To A for life.” A then transfers his rights to B. Assess the state of title.

Answer 7

B has a life estate pur autrevie. O has reversion in fee simple absolute.

Question 8

O conveys, “To A for life.” Then A dies, devising her entire estate to B. Assess the state of title.

Answer 8

O has a fee simple absolute.

Question 9

O conveys, “To A for the life of B.” A devises her interest to C. A dies. B is still alive. Assess the state of title.

Answer 9

C has a life estate pur autrevie. O has a reversion in fee simple absolute.

Question 10

O conveys, “To A for life.” Then A conveys her interest to B for 2 years. One year later, A dies. Assess the state of title.

Answer 10

B has nothing. O has a fee simple absolute.

Question 11

O conveys “To A so long as A does not divorce.” Assess the state of title.

Answer 11

A has a fee simple determinable. O has a possibility of reverter in fee simple absolute.

Question 12

O conveys “To A during the time that Biden is serving as president.” Assess the state of title.

Answer 12

A has a fee simple determinable. O has a possibility of reverter in fee simple absolute.

Question 13

O conveys, “To A and her heirs so long as the land is used for school purposes.” Assess the state of title.

Answer 13

A has a fee simple determinable. O has a possibility of reverter in fee simple absolute.

Question 14

O conveys, “To A, but if A divorces, O reserves the right to reenter and retake.” Assess the state of title.

Answer 14

A has fee simple subject to condition subsequent. O has a right of entry in fee simple absolute.

Question 15

O conveys, “To A and her heirs. Provided however, if A votes for the Motorcycle Rights Party, then O reserves the right to reenter and retake.” Assess the state of title.

Answer 15

A has a fee simple subject to condition subsequent. O has a right of entry in fee simple absolute.

Question 16

O conveys, “To A for life on condition that if the property is ever used as a bar during A’s lifetime, then O reserves the right to reenter and retake.” Assess the state of title.

Answer 16

A has a life estate subject to condition subsequent. O has both a reversion in fee simple absolute and a right of entry in fee simple absolute

Question 17

O conveys “To A and her heirs, but if a Republican president is elected during the next election, then to B and his heirs.” Assess the state of title.

Answer 17

A has a fee simple subject to executory limitation. B has a shifting executory interest in fee simple absolute.

Question 18

O conveys Blackacre “to A and her heirs, but if Blackacre is used for any purpose other than agricultural purposes, then O has the right to re-enter and take possession of the land.” What is the state of title of Blackacre at common law?

Answer 18

A has fee simple subject to condition subsequent and O has a right of entry in fee simple absolute.

Question 19

23. O conveys Blackacre “to A and her heirs so long as Blackacre is used for residential purposes only.” What is the state of Blackacre at common law?

Answer 19

A has a fee simple determinable and O has a possibility of reverter in fee simple absolute.

Question 20

“To A for life, then to B and her heirs if B survives C, and if B does not survive C to C and his heirs.”

Answer 20

A has a life estate, B has a contingent remainder in FS, O has a reversion in FS, C has a contingent remainder (alternative) in FS

Question 21

28. O conveys “To A [and his heirs] so long as A operates the property as an inn for at least one year.” Assess the state of title.

Answer 21

Answer: A has a fee simple determinable. O has a possibility of reverter in fee simple absolute.

Question 22

32. O conveys, “To A for life, then to B for life, then to C’s heirs.” A, B, C, and O are all alive at the time of conveyance. C is unmarried and has two living children, X and Y. Assess the state of title.

Answer 22

A has a life estate, B has an indefeasibly vested remainder for life, C’s unascertained heirs have a contingent remainder in FSA, and O has a reversion in FSA