Present and Future Interest Interactions

Question 1

Fee Simple Absolute

Answer 1

Unlimited in Duration; No other Interests

Question 2

Life Estate

Answer 2

For someone’s life

Question 3

Grantor’s Future Interest for Life Estate

Answer 3

Reversion

Question 4

Fee simple determinable Formation lang

Answer 4

“So long as” “until”

Question 5

Grantor’s Future Interest for Fee simple determinable

Answer 5

Possibility of Reverter

Question 6

When does the fee simple determinable terminate?

Answer 6

automatically; polite

Question 7

Fee simple subject to a condition subsequent

Answer 7

“To A, but if ___ occurs, [provided that/ on the condition that..] grantor reserves the right to reenter and retake”

Question 8

When does the fee simple subject to a condition subsequent terminate?

Answer 8

Not automatically; rude; when the grantor/third party exercises their rights

Question 9

Grantor’s Future Interest for Fee simple subject to a condition subsequent

Answer 9

Right of entry
Power of Termination

Question 10

Fee simple subject to executory limitation

Answer 10

“to A, but if __ occurs, [then to B]/[B may reenter and retake]”

Question 11

Third Party’s Future Interest for Fee simple subject to executory limitation

Answer 11

Shifting executory interest

Question 12

When does a fee simple subject to executory limitation terminate

Answer 12

automatically

Question 13

Two kinds of interests created in a third party grantee

Answer 13

Remainders (vested and contingent)
Executory interests (shifting and springing)

Question 14

Vested remainder

Answer 14

Is in an ascertained person AND not subject to a condition precedent

Question 15

Indefeasibly vested remainders

Answer 15

certain to become possessory
“To A for life, remainder to B” when both are alive

Question 16

Vested remainder in an open class

Answer 16

granted to a class that more people may be added to
“to A for life, then to B’s children” B is still able to have kids
RAP applies

Question 17

Vested remainder subject to divestment

Answer 17

may be divested by an executory interest before it becomes possessory
“To A for life, remainder to B, but if B dies before 25, to C” B is 20 [B has the vested remainder subject to divestment]

Question 18

Contingent Remainders

Answer 18

in an unascertained person OR subject to a condition preedent

Question 19

Language to create a contingent remainder

Answer 19

language to create: “To A for life, then to B’s first child.” Ais alive, B has no children.” OR “To A for life, then to those children of B who survive A.” A is alive.

Question 20

Shifting executory interests

Answer 20

cuts short the grantee’s interest
RAP applies

Question 21

Springing executory interests

Answer 21

cuts short the grantor’s interests
RAP applies