Present Possessory Estates

Question 1

Types of Freehold Estates ***

Answer 1

1. Fee Simple Absolute

Question 2

Fee Simple Absolute

Answer 2

May last forever, freely alienable, devisable, and descendible.
Devisees take by will, heirs by intestacy, and grantees by inter vivos.
“to A and his heirs” “to A”

Question 3

Defeasible Estates and types ***

Answer 3

An estate that may terminate upon some happening or event before its maximum duration has run.

1. Fee simple determinable
2. fee simple subject to a condition subsequent
3. fee simple subject to executory interest
4. fee tail

Question 4

Fee Simple Determinable

Answer 4

Created by durational language “for so long as, during, while, until”.
Terminated automatically on happening of named future event. Estate returns to grantor.

Question 5

Fee Simple Subject to Condition Subsequent

Answer 5

Created by conditional language to occurrence of a condition that will terminated estate.
Power of termination MUST be expressly reserved to grantor. If not stated, its a fee simple absolute.

Question 6

Fee Simple Subject to Executory Interest

Answer 6

Created by either durational or conditional language. Termination occurs on happening of an event that terminates the estate, property passes to someone other than grantor.

Question 7

Fee Tail

Answer 7

Modern: fee tails are disfavored and treated typically as fee simple absolutes.
CL: an estate that descended to grantee’s children only.

Question 8

Life Estate***

Answer 8

Last for duration of grantees life.

Question 9

Life estate pur autre vie

Answer 9

duration of estate is measured by the life of someone other than the grantee. Can be made defeasible.

Question 10

Non-Freehold Estate

Answer 10

Term estate

Question 11

Term estate

Answer 11

estate that is limited in duration (basically a LL-t r)