Patricia owns a property in Anne Arundel County in fee simple absolute. She conveys the property to her church 'for so long as the property is used for religious purposes.' Under Maryland property law, what type of estate has Patricia conveyed to the church?
Correct Answer
D) Fee simple determinable
The language 'for so long as the property is used for religious purposes' creates a fee simple determinable. This is a defeasible fee simple estate that automatically terminates and reverts to the grantor (or grantor's heirs) if the specified condition — use for religious purposes — ceases. Key identifying words for a fee simple determinable include 'so long as,' 'while,' 'during,' and 'until.' Patricia retains a possibility of reverter.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
A life estate is a freehold estate that grants ownership rights for the duration of someone's life.
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