Unit III - Estates in Land and Future Interests

Question 1

What are the four categories of present possessory freehold estates?

Answer 1

1. The fee simple absolute
2. The fee tail
3. The defeasible fees, of which there are 3 types
4. The life estate

Question 2

What is the difference between a condition precedent and a condition subsequent?

Answer 2

A condition precedent creates a contingent remainder.

A condition subsequet creates a vested remainder subject to complete defeasance.

Question 3

A remainder is vested if….

Answer 3

(1) it is given to an asceratiend person and
(2) it is not subject to a condition precedent

Question 4

A remainder is contingent if…

Answer 4

(1) it is given to an unascertaiend person or
(2) it is made contingent upon some event occurring other than the natural termination of the preceding estates.

Question 5

What does it mean for a remainder to be indefeasibly vested?

Answer 5

It means that the remainder is certain of becoming possessory in the future and cannot be divested.