Term
|
Definition
|
|
Term
|
Definition
| Ability to take back land (an interest) |
|
|
Term
|
Definition
| If condition is broken, the grant immediately terminated |
|
|
Term
|
Definition
|
|
Term
| Determinable (Key Words - 6) |
|
Definition
"only"
"so long as"
"during"
"while"
"unless"
"until" |
|
|
Term
| Condition Subsequent (Key Words - 4) |
|
Definition
"forever"
"provided that"
"but if"
"on condition that" |
|
|
Term
| August transfers Greenacre "to Brian for construction and operation of a convenience store" (What is the interest?) |
|
Definition
| Fee Simple Absolute - The transfer looks conditional, but it is too soft to be a fee simple condition subsequent. |
|
|
Term
| August transfers Greenacre "to Brain for construction and operation of a store, provided, however, if Brian sells alcohol on Greenacre, then August may re-enter & re-take the land" (What is the interest?) |
|
Definition
| Fee Condition Subsequent - "provided" signals, "then August…" shows that it is conditional |
|
|
Term
| August transfers Greenacre "to Brain for construction and operation of a store so long as brain does not sell alcohol on Greenacre." (What is the interest?) |
|
Definition
| Fee Simple Determinable - Allowed until the condition is broken. Brian's interest is fee simple determinable, and August's interest is potential reversion. |
|
|
Term
| August transfers Greenacre "to Brian only for construction and operation of a convenience store" (What is the interest?) |
|
Definition
| Fee Simple Determinable - Allowed until the condition is broken |
|
|
Term
| August transfers Greenacre "to Brian for construction and operation of a convenience store only" (What is the interest?) |
|
Definition
| Fee Simple Determinable - Allowed until the condition is broken |
|
|
Term
| August transfers Greenacre "to Brian for use as a construction and operation of a convenience store unless Brian sells alcohol on Greenacre." (What is the interest?) |
|
Definition
| Fee Simple Determinable - The interest is allowed only if Brian does not sell alcohol, if sold the condition is broken. |
|
|
Term
| August transfers Greenacre "to Brian forever on condition that the premises be used for construction and operation of a convenience store." (What is the interest?) |
|
Definition
Fee Simple Condition Subsequent - Language suggests that if Brian changes use, August may try to revert. Main purpose of the grant is to construct and operate a convenience store
A defeasible fee - if hypo said "forever the premises" it would be fee simple absolute - no "condition" |
|
|
Term
| August transfers Greenacre "to Brian for construction and operation of a convenience store so long as Brian does not sell alcohol, then to Christie and her heirs." (What is the interest?) |
|
Definition
| Fee Simple Determinable - Language signals that interests remain until condition broken |
|
|
Term
| August transfers Greenacre "to Brian for use as a campaign head quarters so long as Brian runs for and hold county office." (What is the interest?) |
|
Definition
| Fee Simple Determinable - Language signals that Brian holds interest as long as he uses for campaign headquarters. |
|
|
