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Real Property – Nutshell Examples - page 6 / 22

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Ex:To Barb and the heirs of her body, but if the land is used for a farm, then the grantor may re-enter and repossess.” (FT subject to con dub) (57)

Ex:To Bob for life, but if the land is used for a farm, then the grantor may re-enter. (Life estate subject to cond sub). (57)

Ex:To Barb for ten years, but if the land is used for a farm, then the grantor may re-enter and repossess.  (Estate for years subject to cond sub). (57)

Ex:To bob and his heirs, for so long as the land is used for a farm, but if he violates this condition, the grantor can re-enter and repossess.  (This uses both Determ F/s language and F/S subject to cond sub, but the court will construe it as cond sub, to reduce the possibility of forfeiture.) (57)

**In all of the above, termination is NOT automatic.

B. Future Interests

**If the grantor retained the future interest, it must be a reversion, possibility of reverter, or right of reacquisition.  If the document that created the future interest conveys it to a grantee, it must be a remainder or executory interest.

Reversion:

Ex:Ann (FS) conveys to Bob and the heirs of his body.  Since the FT is smaller than the FS, Ann has a reversion in f/s. (58)

Ex:Ann (FS) conveys to Bob for life.  Ann has a reversion in f/s which she/her heirs will get back when Bob dies. (58)

Ex:Ann (FT) conveys to Bob for life.  Ann has a reversion in f/t.  She gets it back when bob dies. (59)

Ex:Ann (Life estate) conveys to Bob for Bob’s life.  Bob’s life estate will end when either Ann or he dies.  Ann’s estate is only affected by her own death.  Therefore, Ann has a reversion in a life estate.  (59)

Ex:Ann, holding a fee or life estate, conveys “to Bob for ten years.”  Generally said that Ann has a reversion (either in fee or for life) after Bob’s term of years.  However, it was earlier said that Ann held a fee (or life estate) subject to a term of years.

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