PROPERTY LAW STUDY GUIDE 2026 QUESTIONS AND
SOLUTIONS RATED A+
✔✔FEE SIMPLE SUBJECT TO CONDITION SUBSEQUENT (definition) - ✔✔When
GRANTOR chooses to retain for herself or her heirs the right to decide, at the time the
condition is violated, whether to retake the property (Must assert the interest. Does not
happen automatically)(Future Interest -- Right of Entry)
✔✔What happens if the Grantor does not assert her Right of Entry interest in a FEE
SIMPLE SUBJECT TO CONDITION subsequent? - ✔✔Ownership stays with the
current owner. Is this fair? (Policy)(See Doctrine of Laches) (SoL for adverse
possession?)
✔✔Contingent Remainders - ✔✔Life Estate. Remainder is contingent if one or both: (1)
takes effect upon the happening of an event that is not certain to happen (2) will go to a
person who can't be ascertained at the time of conveyance
✔✔Vested Remainders - ✔✔Life Estate. Any remainders that are not contingent
remainders. So (1) Identifiable person at time of conveyance with no conditions
precedent besides the life estate owner dying.
✔✔Absolutely Vested Remainders - ✔✔Life Estate. A remainder NOT subject to
change.
✔✔Vested Remainders Subject to Open - ✔✔Life Estate. May be divided among
person who will be born in the future
✔✔Rule of Convenience for Vested Remainders Subject to Open - ✔✔Courts will
CLOSE THE CLASS when A dies so that the children can take possession at A's death
and will not have to worry about sharing the property interest with any possible future
children (Ex. "O to A for Life, then to the Children of B")
✔✔Vested Remainders Subject to Divestment - ✔✔Life Estate. A remainder that may
destroyed by an event that occurs after the original conveyance. "O to A for Life, then to
B, but if B has flunked out of law school, then reverts to O" (Often functionally equivalent
to contingent remainders)
✔✔FEE SIMPLE SUBJECT TO CONDITION SUBSEQUENT (alternate definition) -
✔✔A fee simple estate in land that gives the grantor a discretionary power to terminate
the grantee's estate after the happening of a stated event that is not certain to occur.
✔✔Rule of Interpretation and Presumption Against Forfeitures (2) - ✔✔(1) Grantor's
intent is EVERYTHING, and must be discerned if not clear (2) When language is
, unclear most courts have preference for language that avoids recognizing a future
interest
✔✔Policy Behind Rule Against Creation of New Estates - ✔✔(1) Ensures rights so
owners can act like owners (2) Courts must interpret conveyances/wills in a way that
satisfies grantor's intent but also fits into a previously created category of estate
✔✔Policy Reasons for ENFORCING a condition that requires a forfeiture - ✔✔(1)
Interest of Grantor in controlling the future of the property (2) Interests of neighbors who
may benefit
✔✔Policy Reasons for Presumption Against Forfeitures - ✔✔(1) Freedom and interest
of current owners (2) social interests in deregulating economic activity (3) Interests of
grantor sometimes too
✔✔Are Life Estates defeasible? Why? - ✔✔No. There is a natural termination (death)
which can't exist in defeasible fees
✔✔3 Types of Waste - ✔✔Voluntary, Permissive, Ameliorating
✔✔Voluntary Waste - ✔✔Deliberate, affirmative acts of the possessory tenant
✔✔Permissive Waste - ✔✔Failure of Possessory tenant to perform an affirmative duty
✔✔Ameliorating Waste - ✔✔The Life Tenant's actions increase the value of the
property (sometimes considered by the courts)
✔✔Do you have to sue a life tenant for waste during the life tenant's lifetime? - ✔✔No.
You can sue her estate after she dies (Moore v. Philips)
✔✔The (Only) 3 Future Interests where the Rule Against Perpetuities can arise? -
✔✔(1) Contingent Remainder (2) Vested Remainder Subject to Open (3) Executory
Interest
✔✔Does the Rule Against Perpetuities apply to any future interests in the grantor?
Why? - ✔✔No. They are considered "vested" the moment they were created.
✔✔How to Apply the Rule Against Perpetuities - ✔✔(1) Determine if Rule should apply
(one of the three categories?) (2) Is the future interest in question valid or invalid under
the rule? (3) If future interest is invalid determine which interests remain by striking the
invalid interest and seeing what is left
SOLUTIONS RATED A+
✔✔FEE SIMPLE SUBJECT TO CONDITION SUBSEQUENT (definition) - ✔✔When
GRANTOR chooses to retain for herself or her heirs the right to decide, at the time the
condition is violated, whether to retake the property (Must assert the interest. Does not
happen automatically)(Future Interest -- Right of Entry)
✔✔What happens if the Grantor does not assert her Right of Entry interest in a FEE
SIMPLE SUBJECT TO CONDITION subsequent? - ✔✔Ownership stays with the
current owner. Is this fair? (Policy)(See Doctrine of Laches) (SoL for adverse
possession?)
✔✔Contingent Remainders - ✔✔Life Estate. Remainder is contingent if one or both: (1)
takes effect upon the happening of an event that is not certain to happen (2) will go to a
person who can't be ascertained at the time of conveyance
✔✔Vested Remainders - ✔✔Life Estate. Any remainders that are not contingent
remainders. So (1) Identifiable person at time of conveyance with no conditions
precedent besides the life estate owner dying.
✔✔Absolutely Vested Remainders - ✔✔Life Estate. A remainder NOT subject to
change.
✔✔Vested Remainders Subject to Open - ✔✔Life Estate. May be divided among
person who will be born in the future
✔✔Rule of Convenience for Vested Remainders Subject to Open - ✔✔Courts will
CLOSE THE CLASS when A dies so that the children can take possession at A's death
and will not have to worry about sharing the property interest with any possible future
children (Ex. "O to A for Life, then to the Children of B")
✔✔Vested Remainders Subject to Divestment - ✔✔Life Estate. A remainder that may
destroyed by an event that occurs after the original conveyance. "O to A for Life, then to
B, but if B has flunked out of law school, then reverts to O" (Often functionally equivalent
to contingent remainders)
✔✔FEE SIMPLE SUBJECT TO CONDITION SUBSEQUENT (alternate definition) -
✔✔A fee simple estate in land that gives the grantor a discretionary power to terminate
the grantee's estate after the happening of a stated event that is not certain to occur.
✔✔Rule of Interpretation and Presumption Against Forfeitures (2) - ✔✔(1) Grantor's
intent is EVERYTHING, and must be discerned if not clear (2) When language is
, unclear most courts have preference for language that avoids recognizing a future
interest
✔✔Policy Behind Rule Against Creation of New Estates - ✔✔(1) Ensures rights so
owners can act like owners (2) Courts must interpret conveyances/wills in a way that
satisfies grantor's intent but also fits into a previously created category of estate
✔✔Policy Reasons for ENFORCING a condition that requires a forfeiture - ✔✔(1)
Interest of Grantor in controlling the future of the property (2) Interests of neighbors who
may benefit
✔✔Policy Reasons for Presumption Against Forfeitures - ✔✔(1) Freedom and interest
of current owners (2) social interests in deregulating economic activity (3) Interests of
grantor sometimes too
✔✔Are Life Estates defeasible? Why? - ✔✔No. There is a natural termination (death)
which can't exist in defeasible fees
✔✔3 Types of Waste - ✔✔Voluntary, Permissive, Ameliorating
✔✔Voluntary Waste - ✔✔Deliberate, affirmative acts of the possessory tenant
✔✔Permissive Waste - ✔✔Failure of Possessory tenant to perform an affirmative duty
✔✔Ameliorating Waste - ✔✔The Life Tenant's actions increase the value of the
property (sometimes considered by the courts)
✔✔Do you have to sue a life tenant for waste during the life tenant's lifetime? - ✔✔No.
You can sue her estate after she dies (Moore v. Philips)
✔✔The (Only) 3 Future Interests where the Rule Against Perpetuities can arise? -
✔✔(1) Contingent Remainder (2) Vested Remainder Subject to Open (3) Executory
Interest
✔✔Does the Rule Against Perpetuities apply to any future interests in the grantor?
Why? - ✔✔No. They are considered "vested" the moment they were created.
✔✔How to Apply the Rule Against Perpetuities - ✔✔(1) Determine if Rule should apply
(one of the three categories?) (2) Is the future interest in question valid or invalid under
the rule? (3) If future interest is invalid determine which interests remain by striking the
invalid interest and seeing what is left
