Present Possessory Estates

Question 1

Fee Simple Absolute (FSA)

Answer 1

Lasts forever, absolute ownership. O to A.

Question 2

Fee Tail

Answer 2

Generally abolished. O to A and the heirs of his body.

Question 3

Fee Simple Determinable (FSD)

Answer 3

May last forever but may be cut short. Possibility of reverter held by O always. FSDPOR.
Look for language of duration: So long as, while, during, unless, until.
-O to A while the majority of the property is used for farming.

Question 4

Fee Simple Subject to Condition Subsequent (FSSCS)

Answer 4

• Words of condition: Provided however, provided that, on condition that, but if.
• Look for a comma to set off a phrase
• Right of Entry by O (does not automatically divest) O must re-enter.
• AP occurs when condition is violated
• O to A, provided that the land is always used for farming.

Question 5

Fee Simple Subject to Executory Limitation (FSSEL)

Answer 5

• Executory interest in 3rd party
• automatically divests
• O to A, unless B returns from war, then to B.

Question 6

Waste

Answer 6

• Affirmative: doing something that decreases the value of the property.
• Permissive: letting something fall into disrepair.
• Amelorative: Doing something to improve the value of the property.
• Possessors of present and future interest may step in and prevent waste from occurring.