Helen owns a home in Rock Hill, South Carolina in fee simple. She executes a deed conveying the property 'to my daughter Grace and her children.' At the time of the deed, Grace has two living children. Under South Carolina property law, what interest does Grace receive?
Correct Answer
D) A fee tail, which in South Carolina converts to a fee simple in Grace
The language 'to Grace and her children' is the classic language used to create a fee tail — an estate that passes only to the grantee's lineal descendants. However, South Carolina has abolished the fee tail by statute. Under S.C. Code Ann. § 27-5-130, any conveyance that would have created a fee tail at common law instead vests a fee simple absolute in the first taker (Grace). Therefore, Grace receives a fee simple absolute, and her children receive nothing from this deed. The statute converts the fee tail into a fee simple in the first named grantee.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.
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).
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