An estate in land vested in a grantee “until she marries” is properly classifiable as
Audio Lesson
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Question & Answer
Review the question and all answer choices
an estate in equity.
An estate in equity refers to rights enforced in courts of equity rather than law, not estates with specific termination conditions. This classification doesn't apply to estates defined by their duration or conditional termination.
a defeasible fee.
less than a freehold estate.
This estate is actually a freehold estate because it's potentially inheritable and lasts indefinitely until the specified condition occurs. Freehold estates include fee simple, life estates, and defeasible fees.
a life estate.
A life estate automatically terminates at the death of a specified person, not upon marriage. This estate's termination condition is marriage, not death, making it fundamentally different from a life estate.
Why is this correct?
A defeasible fee is correct because it's an estate that automatically terminates upon the occurrence of a specified condition. In this case, the condition is the grantee's marriage, which would terminate the estate, making this a fee simple determinable, a type of defeasible fee.
Deep Analysis
AI-powered in-depth explanation of this concept
This question tests your understanding of defeasible fees, which are crucial in real estate practice because they create estates that can be lost if a specific condition occurs. The core concept is that certain estates in land are created with a condition that, if violated, causes the estate to terminate. Here, the grantee receives the property 'until she marries' - a condition that, when met, will terminate the estate. To arrive at the correct answer, we must identify this as a fee simple determinable, which is a type of defeasible fee. The estate is not in equity (A), as it's a recognized legal estate. It's not less than a freehold (C) because it's potentially inheritable. It's not a life estate (D) because it doesn't automatically terminate at a person's death. The challenge lies in recognizing that while the estate appears to last forever until marriage, it's actually a defeasible fee because it can be terminated by the occurrence of a specified event.
Knowledge Background
Essential context and foundational knowledge
Defeasible fees originated from English common law as a way to create estates that could be reclaimed if certain conditions were met. In California, these estates are governed by the Civil Code. There are two main types: fee simple determinable (which automatically reverts to the grantor if the condition occurs) and fee simple subject to condition subsequent (which requires the grantor to take action to reclaim the property). The language used in the deed is crucial in determining which type is created. The phrase 'until she marries' creates a fee simple determinable because it implies automatic termination upon the condition being met.
Think of a defeasible fee like a library book - you can keep it as long as you follow the rules, but it must be returned when the condition is met (like the 'until due date' condition).
When you see 'until' or 'so long as' in a question, picture the library book scenario to remember it's a defeasible fee.
Watch for conditional language like 'until,' 'so long as,' or 'during' in estate descriptions. These typically indicate defeasible fees, not life estates or less than freehold estates.
Real World Application
How this concept applies in actual real estate practice
Imagine an elderly aunt wants to leave her property to her niece but wants to ensure it doesn't pass to the niece's spouse if she marries. The aunt deeds the property to her niece 'until she marries.' The niece lives in the property for years, unmarried, then marries. At the moment of marriage, her ownership terminates, and the property would revert to the aunt's estate or designated remainderman. A listing agent might encounter this when explaining property restrictions to potential buyers, and a buyer's agent would need to understand these conditions to properly advise clients.
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