Present Estates & Future Estates

Question 1

Fee Simple Absolute

Answer 1

Largest possible estate in land.

Indefinite duration

“To A & his heirs”
“To heirs”

Question 2

Fee Simple Determinable

Answer 2

Terminates upon the happening of a stated event and automatically reverts to the grantor.

“To A so long as”
“while”
“during”
“until”

Question 3

Fee Simple Subject to Condition Subsequent

Answer 3

Estate in which the grantor reserves the right to terminate the estate upon the happening of a stated event.

The estate does not automatically terminate, the grantor must take some action.

“To A provided that”
“upon condition that”
“but if”
“if it happens that”

Question 4

Fee Simple Subject to an Executory Interest

Answer 4

Terminates upon the happening of a stated event and then passes to a third party rather than reverting to the grantor or giving the grantor a right to terminate, the third party has an executory interest.

Question 5

Life Estate

Answer 5

Estate measured in explicit lifetime terms and never in terms of years

Question 6

Life Estate Pur Autre Vie

Answer 6

Life estate measured by a life other than the grantee’s

Question 7

Reverter

Answer 7

Estate automatically reverts to grantor upon occurrence of stated event.

Accompanies the fee dimple determinable

Question 8

Right of Entry

Answer 8

Estate does not revert automatically; grantor must exercise his right of entry.

Accompanies the fee simple subject to condition subsequent.

Question 9

Reversion

Answer 9

Estate left in a grantor who conveys less than they own.

Whenever a grantor transfers an estate of lesser duration than what they started with, the future interest that arises is a reversion.

Question 10

Contingent Remainder

Answer 10

A remainder is contingent if:
(1) it’s created in unborn or unascertained persons, or
(2) it’s subject to a condition precedent, or both

May be contingent as to person or as to event.

Question 11

Vested Remainders

Answer 11

Created in an existing and ascertained person, and not subject to a condition precedent.

Question 12

Indefeasibly Vested Remainder

Answer 12

A vested remainder that is not subject to divestment or diminution.

Question 13

Vested Remainder Subject to Total Divestment

Answer 13

A vested remainder that is subject to a condition subsequent.

Question 14

Vested Remainder Subject to Open

Answer 14

A vested remainder created in a class of persons that is certain to become possessory, but is subject to diminution