Present Estates

Question 1

Fee Simple Absolute

Answer 1

Ex. To A; To A and her heirs; A has the estate forever

• A total restraint on the transfer of ownership is NOT permitted, but limited conditions and rights of first refusal are permitted

Question 2

Life Estate

Answer 2

Ex. To A for life

• LTs must pay taxes, pay interest on the mortgage, and make repairs —- NO WASTE
• restrictions on alienation (transfer) are permitted

Question 3

Fee Simple Determinable

Answer 3

Ex. To A for so long as A is in college = A has FSD while O has possibility of reverter

• measured by time
• magic words of creation (SUWD) = so long as, until, while, and during
• this estate ends automatically when the time period ends

Question 4

Fee Simple Subject to a Condition Subsequent (FSSCS)

Answer 4

Ex. To A but if A smokes, O reserves a right of entry = A has FSSCS, O has right of entry

• conditional; measured by the occurence of an event
• magic words of creation: right of entry must be reserved for the owner; but, if, upon condition, etc.
• this estate ends when O enters

Question 5

Fee simple subject to executory interest (FSSEI)

Answer 5

Ex. To A but if A smokes, to B = A has FSSEI, and B has the executory interest

-durational or conditional language, but it will go to party B instead of back to O