The Fee Simple Determinable

Question 1

To create a FSD, the grantor must use what type of language?

Answer 1

Clear durational language

Question 2

If the stated condition in a FSD is violated, forfeiture is . . .

Answer 2

Automatic

Question 3

What does “defeasible” mean?

Answer 3

Able to be forfeited

Question 4

How is a FSD like a FSA? How is it different?

Answer 4

Both are devisable, descendable, and alienable.

FSDs are always subject to a condition.

Question 5

Paul conveys Blackacre “to Ringo, so long as the premises are used as a recording studio.” Ringo has a what?

Answer 5

FSD

Question 6

Paul conveys Blackacre “to Ringo, so long as the premises are used as a recording studio.” Ringo has a FSD. Suppose he conveys to Mick, who seeks to turn the recording studio into a bowling alley. May he do so? Explain?

Answer 6

No, not without forfeiting the estate.

You may convey less than what you have, but you can’t convey more. In other words, you can’t always get what you want.

Question 7

What is the accompanying future interest in an FSD?

Answer 7

Possibility of reverter in the grantor

Question 8

How does Frank Sinatra relate to FSDs? What is the scenario and what is the acronym?

Answer 8

Frank hates Orville Rednebacher popcorn and coneys property to Orville “so long as popcorn is never made on the premises.” Orville has a FSD and Frank has a possibility of reverter.

FSDPOR. Frank Sinatra didn’t prefer Orville Redenbacher. OR Fee Simple Determinable (contains the) Possibility of Reverter.