James owns a fee simple absolute interest in a single-family home in Cranston, Rhode Island. He conveys the property to his daughter Olivia 'for so long as the property is used as a private residence.' Under Rhode Island property law, what type of ownership interest does Olivia hold?
Correct Answer
B) Fee simple determinable, because the estate automatically ends if the stated condition is violated
The language 'for so long as the property is used as a private residence' is the hallmark of a fee simple determinable under Rhode Island property law. This type of defeasible fee automatically terminates and reverts to the grantor (or grantor's heirs) the moment the stated condition is violated — in this case, if the property ceases to be used as a private residence. The key words 'for so long as,' 'while,' or 'until' signal a fee simple determinable.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A freehold estate conveys ownership rights, while a leasehold estate grants the right to possess and use property for a specific period without ownership.
Riparian rights concern properties bordering flowing bodies of water (rivers, streams), while littoral rights concern properties bordering non-flowing bodies of water (lakes, oceans).
The bundle of rights describes the rights associated with property ownership, allowing owners to use, control, enjoy, exclude others from, and dispose of the property.
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