The Present Estates

Question 1

There are Four Categories of Freehold Estates, they are:

Answer 1

1) The Fee Simple Absolute; 2) The Fee Tail; 3) The Defeasible Fees; 4) The Life Estate

Question 2

How to create The Fee Simple Absolute:

Answer 2

Language such as “To A” or “To A and his heirs” though heirs are no longer necessary.

Question 3

Characteristics of Fee Simple Absolute:

Answer 3

This is absolute ownership of potentially infinite duration. It is freely devisable, descendable and alienable.

Question 4

How to create The Fee Tail

Answer 4

“To A and the heirs of his body.”

Question 5

Characteristics of the Fee Tail:

Answer 5

The fee tail passes directly to grantee’s lineal blood descendants, no matter what.

Question 6

Today, the attempted creation of a fee tail instead creates

Answer 6

Fee Simple Absolute.

Question 7

The Three Types of Defeasible Fees

Answer 7

1) The Fee Simple Determinable, 2)The Fee Simple Subject to Condition Subsequent; 3) The Fee Simple Subject to Executory Limitation

Question 8

The Fee Simple Determinable is created by

Answer 8

Clear durational language: “To A for so long as…” “To A during…” “To A until…”

Question 9

If stated condition of Fee Simple Determinable is violated,

Answer 9

forfeiture is automatic.

Question 10

The Fee Simple Determinable estate is

Answer 10

divisible, descendible, and alienable, but ALWAYS subject to the condition attending. Can be conveyed, but conveyance limited to specific, original conveyance.

Question 11

What is the accompanying future interest of the Fee Simple Determinable

Answer 11

it is the possibility of reverter in the grantor.

Question 12

The Fee Simple Subject to Condition Subsequent is created by

Answer 12

Clear durational language that carves out the right to re-enter. “To A, but if X event occurs, grantor reserves the right to re-enter and retake.

Question 13

Distinguishing characteristics of the Fee Simple Subject to Condition Subsequent:

Answer 13

This estate is not automatically ended, but it can be cut short at the grantor’s option, if the condition occurs. Not automatic(grumpy) like Fee Simple Determinable.

Question 14

What is the accompanying future interest of the Fee Simple Subject to Condition Subsequent?

Answer 14

The right of entry, which is synonymous with the power of termination.

Question 15

The Fee Simple Subject to Executory Limitation is created by language such as:

Answer 15

“To A, but if X event occurs, then to B.” Thus, A would have a “Fee Simple Subject to B’s shifting executory Interest.

Question 16

Distinguishing characteristics of the Fee Simple Subject to Executory Limitation are

Answer 16

when a condition is broken, the estate is automatically forfeited to a third party (not to the grantor).

Question 17

ABSOLUTE RESTRAINTS ON ALIENATION ARE VOID. What is an “absolute restraint?”

Answer 17

An absolute ban on the power to sell or transfer that is not linked to a reasonable, time-limited purpose.

Question 18

The Life Estate is Created by language

Answer 18

measured in explicit lifetime terms, and NEVER in terms of years.

Question 19

The party interests are:

Answer 19

“To A for life.” A has a life estate, and is the life tenant. After A dies, the estate reverts to O/O’s heirs.

Question 20

What is the life estate pur autre vie?

Answer 20

A life estate measured by a life other than the grantee’s. “To A for the life of B”

Question 21

The life tenant is entitled to

Answer 21

all ordinary uses and profits from the land, but must not commit waste, must not harm the future interest holders.