BAR EXAM QUESTIONS AND ANSWERS 100% PASS

BAR EXAM QUESTIONS AND ANSWERS 100% PASS Fee Simple Absolute The maximum possible estate one can possess in real property, denoting the aggregate of all possible rights that a person may have in that parcel of land Language to convey fee simple absolute: Common law v. Modern law Common law: "to A and his heirs" Modern law: "to A" Defeasible Estate Estate that may terminate before its maximum duration has run. Types of Defeasible Estates (1) Fee Simple Determinable (2) Fee Simple Subject to Condition Subsequent (3) Fee Simple Subject to Executory Interest If words of the grant are unclear (1) a covenant is preferred over a defeasible estate because the award is money damages rather than forfeiture; and (2) a FSSCS is preferred over a fee simple determinable because courts like to avoid forfeiture. Life Estate estate for duration of the grantee's life Life Estate Pur Autre Vie Estate where the duration is measured by the life of someone other than the grantee. Non-Freehold Estate An estate that is limited in duration (leasehold estate) Possibility of Reversion A future interest in the grantor that follows a determinable interest. Is the possibility of reverter subject to RAP? NO! Because the grantor is already vested. Fee Simple Subject to Executory Interest Termination occurs on the happening of an event that terminates the estate; property then passes to someone other than the grantor. (shifting executory interest) "A to B so long as B farms the property during his lifetime and, if he does not, then to C." Shifting Executory Interest The interest passes from one grantee to another—i.e. a grantee to a grantee (most common). Springing Executory Interest Interest transfers from a grantor to a grantee. "