REAL PROPERTY

Question 1

FEE SIMPLE ABSOLUTE

Answer 1

Under common law, an estate in fee simple is an absolute ownership of an estate of infinite duration.

Question 2

DEFEASIBLE FEE SIMPLE

Answer 2

Under common law, a defeasible fee simple is a fee simple estate that is subject to termination by the happening of a specific even. Defeasible estates thus terminates unnaturally.

Question 3

FEE SIMPLE DETERMINABLE

Answer 3

Under common law, a fee simple determinable is an estate that automatically terminates and reverts to the grantor on the happening of a specific event.

Question 4

FEE SIMPLE SUBJECT TO CONDITION SUBSEQUENT

Answer 4

Under common law, a fee simple subject to condition subsequent is an estate where the grantor retains the power to terminate the estate of the grantee on the happening of a specified event.

Question 5

FEE SIMPLE SUBJECT TO EXECUTORY INTEREST

Answer 5

Under common law, a fee simple subject to executory interest is an estate where upon the happening of a specified event, the estate is automatically forfeited in favor of someone other than the grantor.

Question 6

LIFE ESTATE

Answer 6

Under common law, a life estate is an estate that is measured by the explicit lifetime of a person and never in terms of years.

Question 7

LIFE ESTATE PUR AUTRE VIE

Answer 7

Under common law, a life estate autre vie is special type of life estate where the life estate is measured by a life other than that of the grantee.

Question 8

TENANCY IN COMMON

Answer 8

Under common law, a tenancy in common is a tenancy by two or more persons, in equal or unequal divided shares, who each have an equal right to possess the whole property but no right of survivorship.

Question 9

JOINT TENANCY

Answer 9

Under common law, a joint tenancy is a tenancy by two or more persons, who take identical interests simultaneously by the same instrument with the same right of possession and with a right of survivorship.

Question 10

TENANCY BY THE ENTIRETY

Answer 10

Under common law, a tenancy byt eh entirety is a tenancy between husband and wife, arising when a single instrument conveys property to the husband and wife, creating an indestructible right of survivorship, and the interest created is not a joint tenancy.

Question 11

ADVERSE POSSESSION

Answer 11

Under common law, a trespasser can be transformed into a rightful owner of property if he has had continuous, open and notorious, actual, and hostile possession of another’s (though not the government’s)property for a statutorily prescribed period of time.