Property Ownership, Transfer of Title & Land Use 12.1.1

Question 1

What are the two types of defeasible estates?

Answer 1

Subject to a condition subsequent

Determinable

Question 2

Subject to a condition subsequent

Answer 2

Provided the condition limiting the estate is not violated

The former owner retains a right of re-entry if the condition is broken

Question 3

Example of Subject to a condition subsequent:

Answer 3

A fee simple absolute land owner gifts 20 acres to a local motocross club on the condition that there is no consumption of alcohol on the premises. As time foes on, it is discovered that there is alcohol being consumed. The previous owner must go to court to exercise their rights of re-entry

Question 4

Determinable

Answer 4

A special limitation and exists “so long as” the limitation is met.

There is no need to bring court action; the estate automatically reverts to the former owner fee simple absolute, as the former owner retains a possibility of reverter.

Question 5

Example of Determinable

Answer 5

A fee simple absolute land owner of Real Property decides to gift a lot of land with a building to their local church so-long-as the property is used for religious purposed. As time foes on, it is discovered that the church has not converted to a daycare; the previous owner (or their heir) received the property back.