Estates and Future Interests

Question 1

Fee simple absolute

Answer 1

“To A”, “To A and her heirs”.
Future interests in Transferor & Transferee: None.

Question 2

Life Estate

Answer 2

“To A for life”, “To A for x years”.
Future interests in transferor: Reversion
Future interests in transferee: Remainder.

Question 3

Fee Simple determinable

Answer 3

“So long as”, “Until”, “while”, “During”.
Future interests in transferor: Possibility of reverter
Future interests in transferee: None

Question 4

Fee Simple subject to condition subsequent

Answer 4

“Provided that”, “But if”, “On condition”.
Future interests in Transferor: Right of entry.
Future interests in Transferee: None

Question 5

Fee Simple subject to executory limitation

Answer 5

“So long as”, “While”, “During”, “Until”.
Future interests in Transferor: None
Future interests in Transferee: Executory interest.

Question 6

Fee simple absolute-> Fee simple determinable “So long as”

Answer 6

The law assumes a fee simple absolute is created. To create a different interest, the conveyance must contain specific words. When a future interest is held by the transferor and the magic words “so long as” are used, the possessory estate is a fee simple determinable. The future interest attached to a fee simple determinable is a possibility of reverter.

Question 7

If a condition attached to a fee simple determinable is satisfied…

Answer 7

The property automatically goes back to the transferor. The possibility of reverter need not be actively exercised. It happens automatically.

Question 8

How does a joint tenant’s death impact the property rights held in Redacre?

Answer 8

When a joint tenant dies, the rights of survivorship automatically become effective and the deceased’s interest is held equally by the other joint tenants.