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Question 1
Sam owns Blackacre in fee simple absolute. Sam has the right to possess Blackacre...
Correct A fee simple absolute is a completely unconditional ownership interest that bestows upon its owner absolute unconditional ownership of property forever.
Incorrect! A fee simple absolute is a completely unconditional ownership interest that bestows upon its owner absolute unconditional ownership of property forever.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 2
Sam owns Blackacre in fee simple absolute. Sam conveys the property "to Diane, so long as no alcohol is served on the premises." Diane has a...
Correct
Incorrect!
Correct A fee simple determinable is an interest in land that will end automatically if a certain specified event happens. In this case, Diane's interest in Blackacre is a fee simple because it can last forever, but it will end upon the occurrence of an event, namely, the consumption of alcohol on the premises. Thus, it is a fee simple determinable and B is the correct answer.
Incorrect! A fee simple determinable is an interest in land that will end automatically if a certain specified event happens. In this case, Diane's interest in Blackacre is a fee simple because it can last forever, but it will end upon the occurrence of an event, namely, the consumption of alcohol on the premises. Thus, it is a fee simple determinable and B is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Question 3
Sam owns Blackacre in fee simple absolute. Sam conveys the property "to Diane, so long as no alcohol is served on the premises." The next day, Diane invites Norm and Cliff over for a beer swilling contest. Which of the following is accurate?
Correct
Incorrect!
Correct
Incorrect!
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Incorrect!
Correct If the condition occurs that terminates a fee simple determinable, then the estate is automatically terminated.
Incorrect! If the condition occurs that terminates a fee simple determinable, then the estate is automatically terminated.
Question 4
Sam owns Blackacre in fee simple absolute. Sam conveys the property "to Diane, but if alcohol is ever served on the premises, then Frazier will have the right to enter the property." Which is correct?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Diane has a fee simple subject to a condition subsequent because the estate does not automatically end upon the occurrence of the event. Rather, the future interest holder has a right to take over the property. Since Frazier is not the grantor his interest follows a fee simple, his interest is called an executory interest. Recall that only a grantor can have a possibility of reverter or a right of re-entry. Therefore D is the correct answer.
Incorrect! Diane has a fee simple subject to a condition subsequent because the estate does not automatically end upon the occurrence of the event. Rather, the future interest holder has a right to take over the property. Since Frazier is not the grantor his interest follows a fee simple, his interest is called an executory interest. Recall that only a grantor can have a possibility of reverter or a right of re-entry. Therefore D is the correct answer.
Question 5
Sam owns Blackacre in fee simple absolute. Sam conveys the property "to Diane." Which is correct?
Correct
Incorrect!
Correct Recall that under common law, the way to create a fee simple absolute was to say "To Recipient and his heirs". Simply saying "To recipient" would only create a life estate. However, the modern rule is that even simply saying "To Recipient" creates in Recipient a fee simple absolute.Therefore B is the correct answer.
Incorrect! Recall that under common law, the way to create a fee simple absolute was to say "To Recipient and his heirs". Simply saying "To recipient" would only create a life estate. However, the modern rule is that even simply saying "To Recipient" creates in Recipient a fee simple absolute.Therefore B is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Question 6
Sam conveys Blackacre "To Diane and the heirs of her body." Diane dies, leaving a son, Woody. Woody wants to sell Blackacre to Carla, a friend of Woody's. In a state that recognizes the fee tail, which is correct?
Correct
Incorrect!
Correct
Incorrect!
Correct The language above creates a fee tail. Where valid, a fee tail creates an interest in land for the holder in perpetuity, but only so long as it is kept within the ownership of his or her lineal descendants. Here, Woody is a lineal descendant of Diane, so he can inherit the property. But, since Carla is not a lineal descendant of Diane, selling the property to her will destroy the fee tail and the property will thus go back to the grantor, who in this case is Sam. Therefore C is the correct answer.
Incorrect! The language above creates a fee tail. Where valid, a fee tail creates an interest in land for the holder in perpetuity, but only so long as it is kept within the ownership of his or her lineal descendants. Here, Woody is a lineal descendant of Diane, so he can inherit the property. But, since Carla is not a lineal descendant of Diane, selling the property to her will destroy the fee tail and the property will thus go back to the grantor, who in this case is Sam. Therefore C is the correct answer.