Robert executes a deed conveying his property in Buffalo to his son William, but includes a clause stating "this conveyance is void if the property is ever used for commercial purposes." Under New York law, what type of estate has Robert created?
Correct Answer
D) Fee simple subject to condition subsequent
Robert has created a fee simple subject to condition subsequent. The key language is 'this conveyance is void if' which creates a condition subsequent. If the condition is violated (commercial use), the grantor has the right to re-enter and terminate the estate, but the estate does not automatically terminate.
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Previous Question
Carol wants to deed her property in Westchester County to her three children: David (40% interest), Ellen (35% interest), and Frank (25% interest) as tenants in common. How should the deed be written to accomplish this goal?
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Helen is selling her property in Schenectady and the buyer requests the most basic deed that simply implies Helen has some title to convey but includes no express warranties. What type of deed should Helen provide?