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Defeasible Estates - Chapter 3, Page 272


O conveys Blackacre to A and her heirs, but if Blackacre is used for any purpose other than agricultural purposes, then O has the right
to re-enter and take possession of the land. What is the state of title in Blackacre at common law?
A. A has a fee simple subject to condition subsequent. O has a right of entry in fee simple absolute.
Taking the facts of Problem 1, suppose that some years after the conveyance, A begins construction of several residences on
Blackacre. O has died and devised her entire estate to B. What is the state of title in Blackacre at common law?
A. If right of entry is devisable by will (most states), B has the right to re-enter. If not, Os heirs will have it as a right of entry is
descendible in all states. As fee will still be in effect as long as no one has taken steps to exercise the right.
O conveys Blackacre to A and her heirs so long as Blackacre is used for residential purposes only. What is the state of Blackacre at
common law?
A. A has a fee simple determinable. O has a possibility of reverter in fee simple absolute.
Taking the facts of Problem 3, suppose that some years after the conveyance, A begins construction of a factory on Blackacre. O has
died and devised her entire estate to B. What is the state of title in Blackacre at common law?
A. B takes title to Blackacre in fee simple absolute.
O conveys Greenacre to the Finger Lakes Land Trust [charitable organization] on condition that Greenacre remains forever
undeveloped and in its natural condition; in the event Greenacre is ever developed, residentially, commercially, or otherwise, then to
the Land Conservancy [also charitable organization] in fee simple absolute. What is the state of title in Greenacre at common law?
A. Finger Lakes Land Trust has a fee simple subject to executory limitation. Land Conservancy has an executory interest in fee
simple absolute.
O conveys Wiseacre to A and her heirs, and A promises, on behalf of her heirs and assigns forever, that Wiseacre shall be used solely
for agricultural purposes. What is the state of Wiseacre at common law?
A. A has a fee simple absolute because As promise creates a covenant that runs with the land. The covenant does not make the
fee subject to either a condition or limitation.
Taking the facts of Problem 6, suppose that some years after the conveyance, A begins construction of a factory on Wiseacre. What is
the state of title in Wiseacre at common law when A begins construction? What remedies does O have against A?
A. A still has a fee simple absolute, but O may bring an action against A for damages to enforce real covenant or for an
injunction to enforce an equitable servitude.
O conveys Whiteacre to A and his heirs; but if A ever drinks alcohol or alcoholic beverages, then to B and her heirs. Later, B
executes and delivers a deed purporting to convey her interest in Whiteacre to C. Later still, A drinks whiskey and gets drunk. What is
the state of title in Whiteacre at common law?
A. A has a fee simple subject to executory limitation. C has a executory interest via B. After A gets drunk, Cs executory interest
now vests in possession as a fee simple absolute. C need not take any action for this to occur.
Future Interests - Chapter 4, Page 292

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O conveys to A for life, then to B for life, then to Cs heirs. A, B, C, and O are all alive at the time of the conveyance. C is unmarried
and has two living children, X and Y.
A. A has a life estate. B has a vested remainder for life. Cs unascertained heirs have a contingent remainder in fee simple
absolute.
O conveys to A upon her first wedding anniversary. A is alive and unmarried at the time of the conveyance. O is also then alive.
A. A has a springing executory interest in fee simple absolute. O has a fee simple subject to executory interest.
O conveys to A for 10 years, then to such of As children as attain age 21. At the time of conveyance, A and O were alive. A had two
children, X and Y, ages 20 and 17, respectively.
A. A has a term of years, followed by a contingent remainder in fee simple in which X and Y have an interest. O also has a
reversion in fee simple.
Applying the same facts as in Problem 3, assume that X later attains age 21 and Y is still under age 21. A and O are both still alive.
A. A has a term of years, followed by a vested remainder in fee simple to X subject to open (or partial divestment) by Y and any
of As potential future children. Os reversion has been divested. Y now has a shifting executory interest in fee simple which
will vest when Y reaches age 21.
Applying the same facts as in Problem 3, assume that X dies when X is age 22 and Y is age 19. O is still alive.
A. Same as above, but the vested remainder in fee simple goes to Xs heirs or devisees instead of X.
O conveys to A for life, then to As children. A and O are alive at the time of the conveyance. A has one child, X.
A. AhasalifeestatefollowedbyavestedremainderinfeesimpletoXsubjecttoopenbyanyofAspotentialfuturechildren.
Anypotentialfuturechildrenhaveashiftingexecutoryinterestinfeesimple.Thereisnoreversion.
Applying the same facts as in Problem 6, assume that A has another child, Y, and then A dies survived by X, Y, and O. Identify all of
the estates and future interests existing as of As death.
A. X and Y have a fee simple absolute as tenants in common.
O conveys to A for life, then to B and her heirs; but if B marries Z, then to C and his heirs.
A. A has a life estate. B has a vested remainder in fee simple subject to complete divestment. C has a shifting executory interest
in fee simple absolute.
O conveys Blackacre to A for life, then to B and her heirs so long as Blackacre is organically farmed.
A. A has a life estate. B has a vested remainder in fee simple determinable. O has a possibility of reverter in fee simple absolute.

10. O conveys a sum of money to A if she graduates from college. A is not yet enrolled in college.
A. A has a springing executory interest in fee simple absolute. O has a fee simple subject to subject to executory limitation.

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