BAR EXAM QUESTIONS AND ANSWERS

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