Present Interests

Question 1

To A; To A and his heirs
(present estate)

Answer 1

Fee simple absolute
Duration: forever

Question 2

To A and his heirs for so long as/until/while/during
(present interest)

Answer 2

Fee simple determinable;
Duration: as long as condition is met, then automatically to grantor
Future interest in grantor: possibility of reverter
No RAP

Question 3

To A and his heirs but if/upon the condition that/provided that
(present interest)

Answer 3

Fee simple subject to condition subsequent
Duration: until happening of named event AND reentry of grantor
Future interest in grantor: right of entry
No RAP

Question 4

To A and his heirs for so long as/until/while/during and if not, to B
(present interest)

Answer 4

Fee simple determinable subject to an executory interest
Duration: as long as condition is met, then to a third party
Future interest in third party: shifting executory interest
RAP applies

Question 5

To A and his heir, but if…(upon condition that, provided that), to B
(present interest)

Answer 5

Fee simple subject to an executory interest
Duration: until happening of event, then to third party
Future interest in third party: Shifting executory interest
RAP applies

Question 6

To A and the heirs of his body
(present interest)

Answer 6

Fee tail
Duration: until A and his line die out
Future interest in grantor: reversion
No RAP

Question 7

To A for life
(present interest)

Answer 7

Life estate
Duration: until the end of measuring life
Future interest in grantor: reversion
No RAP

Question 8

To A for the life of B
(present interest)

Answer 8

Life estate pur autre vie
Duration: until the end of the measuring life
Future interest in grantor: reversion
No RAP

Question 9

To A for life, then to B
(present interest)

Answer 9

Life estate
Duration: until the end of the measuring life (A)
Future interest in grantor: none
Future interest in third party: remainder
No RAP

Question 10

To A for life but if/on condition that/provided that, to B
(present interest)

Answer 10

Defeasible life estate
Duration: until the end of measuring life (A) or the happening of named event
Future interest in grantor: possibility of reverter
Future interest in third party: shifting executory interest
RAP applies