Present Possessory Estates

Question 1

Identifying Present Possessory Estates

Answer 1

A present possessory estate is an interest that gives the holder the right to present possession.

Question 2

Three categories of Present Possessory Freehold Estates

Answer 2

Fee Simple Absolute
Defeasible Fee (three types)
Life Estate

Question 3

Fee Simple Absolute

Answer 3

To A and his heirs; To A

Duration - Forever

Correlative Future Interest in Grantor - None

Correlative Future Interest in 3P - None

Question 4

Fee Simple Determinable

Answer 4

To A and his heirs for so long as . . .
To A and his heirs until . . .
To A and his heirs while . . .
To A and his heirs during . . .

Duration - as long as condition is met, then automatically to grantor

Correlative Future Interest in Grantor - Possibility of Reverter

Correlative Future Interest in 3P - Executory Interest

Question 5

Fee Simple Subject to Condition Subsequent

Answer 5

To A and his heirs, but if . . .
To A and his heirs, upon condition that . . .
To A and his heirs, provided that . . .

Duration - Until happening of named event and reentry by grantor

Correlative Future Interest in Grantor - Right of Reentry

Correlative Future Interest in 3P - Executory Interest

Question 6

Fee Simple Subject to an Executory Interest

Answer 6

To A and his heirs for so long as . . ., and if not . . ., then to B.

To A and his heirs, but if . . ., then to B

Duration - As long as condition is met, then to 3P; Until happening of event

Correlative Future Interest in Grantor - Possibility of Reverter; Right of Reentry

Correlative Future Interest in 3P - Executory Interest; Executory Interest

Question 7

Fee Tail

Answer 7

To A and the heirs of his body

Duration - Until A and his line dies out

Correlative Future Interest in Grantor - Reversion

Correlative Future Interest in 3P - None (but remainder is possible)

Question 8

Life Estate (May be Defeasible)

Answer 8

To A for life, or
To A for the life of B;
To A for life, then to B;
To A for life, but if . . ., to B

Duration - Until the end of the measuring life; Until the end of the measuring life; Until the end of the measuring life or the happening of the named event.

Correlative Future Interest in Grantor - Reversion; None; Reversion

Correlative Future Interest in 3P - None; Remainder; Executory Interest

Question 9

Conditions/Limitations Violating Public Policy are Void

Answer 9

Conditions or limitations that violate public policy generally are struck down, and the grantee takes free of the restraint.

Question 10

Life Estate - Distinguishing Characteristics - Doctrine of Waste

Answer 10

The life tenant must not commit waste. There are three types of waste -

1. Voluntary - Actual overt conduct causing drop in value
2. Permissive - Failure to take reasonable measures to protect land (neglect)
3. Ameliorative - unilateral change that increases/enhances value