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Real Property • Present Possessory Estates
PROP#004
Legal Definition
A fee simple determinable is created by durational language such as "for so long as," "while," "during," or "until." It is followed by a possibility of reverter in the grantor, which occurs automatically upon the stated event. It can be conveyed, but the conveyance remains subject to the stated event. Mere expressions of motive are insufficient to create a fee simple determinable.
Plain English Explanation
One of the biggest questions people want to know when they get an interest in land is "How long do I own it?" The length of a fee simple determinable is determined by some sort of stated duration. In other words, when you are reading the fact pattern, look for language like:
- "for so long as"
-"while"
-"during" or
-"until"
This type of language lets you know "this interest in land isn't forever."
It's also important to know that a fee simple determinable is followed by a possibility of reverter. When it comes to figuring out property conveyances, you need to remember that someone must always own the land, so you must always figure out who currently owns the land and who owns it next. "Followed by a possibility of reverter" means that after the defeasible estate is defeated, ownership will revert back to the original person who made the conveyance.
- "for so long as"
-"while"
-"during" or
-"until"
This type of language lets you know "this interest in land isn't forever."
It's also important to know that a fee simple determinable is followed by a possibility of reverter. When it comes to figuring out property conveyances, you need to remember that someone must always own the land, so you must always figure out who currently owns the land and who owns it next. "Followed by a possibility of reverter" means that after the defeasible estate is defeated, ownership will revert back to the original person who made the conveyance.
Hypothetical
Hypo 1: Oz conveys Blackacre "to Amy for so long as no marijuana is consumed on the premises." Result: Amy has been given a fee simple determinable, so long as no one uses weed on his property. This means Amy can live her entire life on Blackacre, build stuff on it, and leave it to her heirs when she dies. It's her property. However, if Amy's great great grandson decides to light up some Northern Lights (aka, the "Devil's Lettuce", aka "Marijuana") on Blackacre, then the estate will immediately and automatically revert back to Oz (or Oz's heirs, since Oz is likely dead at this point). It's like a timebomb. Oz's heirs need not lift a finger for this to happen — it is built into the terms of the estate Amy received.
Visual Aids
Related Concepts
How is a fee simple subject to condition subsequent created?
In assessing a present possessory estate, what is affirmative waste?
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In assessing a present possessory estate, what is permissive waste?
What are the 3 types of waste a life estate holder may commit?
What are the present possessory estates?
What happens when a life estate holder renounces his interest?
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What will a court do if it is not clear whether someone intended to create a fee simple determinable or subject to condition subsequent?
