The Present Estates

Question 1

Fee Simple Absolute

Answer 1

This is ABSOLUTE OWNERSHIP of potentially infinite duration. It is freely DEVISABLE, DESCENDIBLE and ALIENABLE

NO accompanying future Interest

Question 2

The Fee Tail

Answer 2

Historically, fee tail would pass directly to: grantees lineal blood descendants no matter what (keep land in the family)

Question 3

*The Defeasible Fees

Answer 3

(1) Fee Simple Determinable = Grantor MUST use clear DURATIONAL language. If the stated condition is violated, forfeiture is automatic.
- Like all defeasible fees, is DEVISABLE, DESCENDABLE AND ALIENABLE, but always subject to the condition
- Mick Jagger Rule

YES accompanying future interest. It is the possibility of REVERTER (FSDPOR: Fee simple determinable possibility of reverter)

(2) Fee Simple Subject to Condition Subsequent = Grantor must use clear duration language AND carve out the right to re-enter
- Estate is NOT auto ended, but it can be cut short at the grantor’s option, if the stated condition occurs

Right of entry (power of termination) accompanying future interest

(3) Fee Simple Subject to Executory Limitation = To A, but if X event occurs, then to B
- Estate is just like the fee simple determinable only now, if the condition is broken, the estate is AUTO forfeited in favor of OTHER than grantor

Shifting executory interest accompanying future interest

Question 4

Defeasible Fees Important Rule #1 and #2

Answer 4

(1) Words of mere desire, hope, or intention are insufficient to create a defeasible fee.
(2) Absolute restrains on alienation are void.

Question 5

The Life Estate

Answer 5

This is an estate that must be measured in explicit lifetime terms, and NEVER in terms of years.

ROMANTIC ONE