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3.1: Which estate(s) can be said to be "absolute"?
Only a fee simple can be absolute.
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3.2: What are the inherently limited estates?
Fee tail, life estate, and term of years
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3.3: What kinds of estates "end naturally"?
Fee tail, life estate, and term of years
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3.4: Which kind of estate ends automatically upon the happening of a limiting condition: a determinable estate or an estate subject to condition subsequent?
A determinable estate
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3.5: Which kind of estate does not end automatically upon the happening of a limiting condition: a determinable estate or an estate subject to condition subsequent?
An estate subject to a condition subsequent
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3.6: Name four examples of words or phrases of "temporal limitation," that is, words or phrases that signal a determinable estate.
Until, while, during, as long as
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3.7: Name four examples of words or phrases of "express condition," that is, words or phrases that signal an estate subject to a condition subsequent.
But if, provided that, on condition that, however
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3.8: As between a determinable estate and an estate subject to a condition subsequent, which allows the grantor to postpone the decision about whether to enforce the condition?
An estate subject to a condition subsequent
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3.9: As between a determinable estate and an estate subject to a condition subsequent, which uses the condition as the durational marker defining the length of the estate granted?
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3.10: In which estate does the occurrence of the condition interrupt the prior estate: a determinable estate or an estate subject to condition subsequent?
An estate subject to a condition subsequent
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3.11: O to A so long as A does not divorce B, then back to O.
Draw a vertical line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest.
What is complete name of A's possessory estate?
- O to A so long as A does not divorce B, | then back to O.
- A: possessory estate in fee simple determinable
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3.12: O to A and her heirs so long as A does not divorce B, but if A divorces B, then back to O.
Draw a vertical line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest.
What is complete name of A's possessory estate?
- O to A and her heirs so long as A does not divorce B, | but if A divorces B, then back to O.
- A: possessory estate in fee simple determinable
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3.13: O to A and his heirs, but if A divorces B, then to O.
Draw a vertical line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest.
What is complete name of A's possessory estate?
- O to A and his heirs, | but if A divorces B, then to O.
- A: possessory estate in fee simple subject to a condition subsequent
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3.14: O to A, on the condition that A does not divorce B.
Draw a vertical line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest.
What is complete name of A's possessory estate?
- O to A, | on the condition that A does not divorce B.
- A: possessory estate in fee simple subject to a condition subsequent
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3.15: O to A and his heirs, provided that A does not divorce B, then to O.
Draw a vertical line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest.
What is complete name of A's possessory estate?
- O to A and his heirs, | provided that A does not divorce B, then to O.
- A: possessory estate in fee simple subject to a condition subsequent
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3.16: O to A until A divorces B, then back to O.
Draw a vertical line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest.
What is complete name of A's possessory estate?
- O to A until A divorces B, | then back to O.
- A: possessory estate in fee simple determinable
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3.17: O to A; however, if A divorces B, then to O.
Draw a vertical line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest.
What is complete name of A's possessory estate?
- O to A; | however, if A divorces B, then to O.
- A: possessory estate in fee simple subject to a condition subsequent
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3.18: O to A and her heirs while A refrains from divorcing B.
Draw a vertical line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest.
What is complete name of A's possessory estate?
- O to A and her heirs while A refrains from divorcing B.
- A: possessory estate in fee simple determinable
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3.19: O to A and her heirs during the time that A refrains from divorcing B, then back to O.
Draw a vertical line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest.
What is complete name of A's possessory estate?
- O to A and her heirs during the time that A refrains from divorcing B, | then back to O.
- A: possessory estate in fee simple determinable
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3.20: O to A. (Assume modern law.)
Draw a vertical line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest.
What is complete name of A's possessory estate?
- O to A. | (Assume modern law.)
- A: possessory estate in fee simple absolute
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3.21: O to A, provided that A never drills for oil on the property.
Draw a vertical line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest.
What is complete name of A's possessory estate?
- O to A, | provided that A never drills for oil on the property.
- A: possessory estate in fee simple subject to a condition subsequent
- A: possessory estate in fee simple determinable
- A: possessory estate in life estate determinable
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3.22: O to A and his heirs for so long as A cares for B on the premises.
Draw a vertical line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest.
What is complete name of A's possessory estate?
O to A and his heirs for so long as A cares for B on the premises. |
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3.23: O to A for life or until B graduates from medical school.
Draw a vertical line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest.
What is complete name of A's possessory estate?
O to A for life or until B graduates from medical school. |
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3.24: O to A and the heirs of his body.
Draw a vertical line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest.
What is complete name of A's possessory estate?
- O to A and the heirs of his body. |
- A: possessory estate in fee tail
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3.25: O to A for life, on condition that A never sells alcohol on the property.
Draw a vertical line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest.
What is complete name of A's possessory estate?
- O to A for life, | on condition that A never sells alcohol on the property.
- A: possessory estate in life estate subject to a condition subsequent
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3.26: O to A from September 1, 2002, until August 31, 2008.
Draw a vertical line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest.
What is complete name of A's possessory estate?
- O to A from September 1, 2002, until August 31, 2008. |
- A: possessory estate in a term of years
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3.27: O to A for 30 years while A resides on the premises.
Draw a vertical line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest.
What is complete name of A's possessory estate?
- O to A for 30 years while A resides on the premises. |
- A: possessory estate in a term of years determinable
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3.28: O to A for the life of B.
Draw a vertical line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest.
What is complete name of A's possessory estate?
- O to A for the life of B. |
- A: possessory estate in a life estate pur autre vie
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3.29: O to A and the heirs of her body so long as the land is farmed, but if the land ceases to be farmed, then back to O.
Draw a vertical line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest.
What is complete name of A's possessory estate?
- O to A and the heirs of her body so long as the property is farmed, | but if the land ceases to be farmed, then back to O.
- A: possessory estate in fee tail determinable
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3.30: O to A until A graduates from law school, then back to O.
Two years later A graduates from law school. O makes no attempt to retake the property.
Who has the right to possession at the end of these events? Explain.
O has the right to possession because A's estate was a fee simple determinable, which ended automatically.
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3.31: O to A; however, if A graduates from law school, then back to O.
Two years later A graduates from law school. O makes no attempt to retake the property.
Who has the right to possession at the end of these events? Explain.
A has the right to possession because A's estate was a fee simple subject to a condition subsequent, which does not end automatically. O must take some action to reclaim the land.
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