Property

Question 1

O to A

Answer 1

Fee Simple Absolute

Question 2

O to A for so long as . . .

Answer 2

Fee Simple Determinable

Question 3

A to B, provided that in the event that . . . ., then A has the power to terminate B’s estate

Answer 3

Fee Simple Subject to a Condition Subsequent

Question 4

A to B, so long as B . . . , and if he does not, then to C.

Answer 4

Fee Simple Subject to Executory Interest

Question 5

A to B and the heirs of his body

Answer 5

Fee Tail

Question 6

A to B for life

Answer 6

Life Estate

Question 7

Freehold Estates vs. Non-Freehold Estate

Answer 7

Freehold estate last indefinitely - can exist forever or for a lifetime.

Non-freehold estate is limited in duration (i.e., 50 years)

Question 8

Types of Defeasible Estates

Answer 8

Fee Simple Determinable
Fee Simple Subject to a Condition Subsequent (FSSCS)
Fee Simple Subject to Executory Interest

Question 9

Fee Simple Absolute

Answer 9

O to A.

Lasts forever. Holder has all possible rights that a person can have (i.e., unimpeded right to sell or convey all/part of the land, etc.)

Transferability: All 3

If the owner dies without a will or heirs, the property escheats (returns) to the state.

Question 10

Durational Language

Answer 10

(1) For so long as
(2) During
(3) Until
(4) While

Question 11

Fee Simple Determinable

Answer 11

Durational language.
Terminates automatically when the named future event occurs.
Upon termination, estate returns to the grantor.

Question 12

Fee Simple Subject to a Condition Subsequent

Answer 12

Conditional language.
Does not terminate automatically when the named future event occurs.
Grantor’s power of termination must be explicitly stated, otherwise this is treated as fee simple absolute. And grantor’s only remedy is to sue for a broken covenant (formal promise).

Question 13

Fee Simple Subject to Executory Interest

Answer 13

Durational or Conditional language. Involves a third party’s interest.
A terminating event happens and then property passes onto the third party.

Question 14

Fee Tail

Answer 14

Estate that descends to the grantee’s children only. Treated as fee simple absolutes.

Question 15

Life Estate

Answer 15

Lasts for the duration of the grantee’s life

Question 16

Life Estate Pur Autre Vie

Answer 16

If the duration of the estate is measured by the life of someone other than the grantee (i.e. 2+ people, etc.)

Question 17

If life estate and conveyance has more than one measuring life, the coveyance lasts as long until . . .

Answer 17

the death of the survivor (longer-living person)

Question 18

Possibility of Reverter

Answer 18

Future interest in the grantor that follows a fee simple determinable estate or life determinable estate

Not subject to RAP

C/L: Can transfer through intestacy only
Modern Law: Can transfer through all 3

Question 19

Power of Termination

Answer 19

Future interest for the grantor when grantor creates a defeasible estate or fee simple subject to a condition subsequent estate.

Must be spelled out in the conveyance.

Once the named event occurs, property doesn’t automatically revert. The grantor must exercise the right of reentry and take affirmative steps to retake the property.

Not subject to RAP

C/L: Can transfer through intestacy only
Modern Law: Cannot transfer through inter vivos (gift)

Question 20

Which is more preferred - fee simple subject to condition subsequent OR fee simple determinable?

Answer 20

FSSCS because we want to avoid any automatic forfeitures

Question 21

Reversionary Interest

Answer 21

Future interest retained by the grantor when grantor transfers less than a fee interest to a third party. (i.e., after life estate or term estate)

C/L: Can transfer through intestacy only
Modern Law: All 3

Not subject to RAP

Question 22

Remainder vs. Executory Interest

Answer 22

Remainder is a future interest that is intended to take effect after the natural termination of the preceding estate

Executory interest cuts short preceding estate before it would have naturally terminated

Question 23

Contingent Remainder

Answer 23

Remainder hasn’t vested - we don’t know who it is

Question 24

Vested Remainder

Answer 24

A remainder has vested if it

(1) is created in an ascertainable person; and
(2) Not subject to any condition precedent, other than termination of the preceding estate

Question 25

Vested Remainder Subject to Total Divestment

Answer 25

Vested remainder but could be terminated on the happening of a future event

Question 26

Vested Remainder Subject to Open

Answer 26

Remainder that has been made to a class and has 
(1) at least one member who is ascertainable and who has satisfied any of the conditions precedent to vesting

But other members can join the class

Question 27

Class opening in an inter vivos conveyance

Answer 27

Class opens at the time of conveyance.

Question 28

Class opening in a testamentary conveyance

Answer 28

Class opens upon the death of the testator

Question 29

Rule of Convenience

Answer 29

To avoid the problem in which if any member of a class could claim in a way that violates RAP, and the entire gift failing –> Courts will interpret such that the class closes as soon as one member of the class becomes entitled to immediate possession of the property.

Question 30

Shifting Executory Interest

Answer 30

Shifts interest from grantee to another grantee

Question 31

Springing Executory Interest

Answer 31

Shifts interest from grantor to a grantee