Krier · Property Law
Estates & Future Interests
Decision Engine
A formulaic system for dissecting any conveyance hypo — identify every party, every estate, every right.
Step 1 — Parse Any Conveyance Before Doing Anything Else
Before labeling a single interest, slice every conveyance into its components. This prevents missing a party and misidentifying an estate.
1
Identify the Grantor (O)
The person conveying. Always ask: what estate did O start with? Default assumption = fee simple absolute unless stated otherwise. O almost always starts every hypo.
2
Slice the conveyance at every comma and "then to"
Each slice is a separate clause. Each clause = one grantee segment. Write them out linearly:
O → Clause 1 → Clause 2 → Clause 3 ...
3
In each clause, locate the Words of Purchase
The WHO receiving the estate — "to A," "to B," "to C." These words name the taker. They create the interest.
4
Identify the Words of Limitation
The WHAT TYPE of estate — "and his heirs," "for life," "and heirs of his body," "for 10 years." These define the estate's duration and nature. They do NOT create rights in the heirs.
5
Flag any Words of Special Limitation / Condition
The IF/WHEN/UNLESS triggers — "so long as," "but if," "provided that," "on condition that," "unless." These create defeasibility. Circle them every time.
6
Ask: Is there anything left over that goes back to O?
If the conveyance doesn't expressly give everything away, O has a retained future interest. Never forget O — the professor loves hiding O's interest.
7
Now label every party's estate
Work clause by clause through Tabs ③ and ④. For each party write:
[Party] has a [PRESENT/FUTURE] interest = [Name of Estate]
The Anatomy of a Conveyance (Visual)
"to A" "and his heirs" "so long as the land is used for school purposes," "then to B" "and her heirs" "but if B dies before A, then to C" "for life"
Words of Purchase (WHO)
Words of Limitation (WHAT TYPE)
Words of Special Limitation (DURATION TRIGGER)
Condition / Divesting Event
⚖ The Golden Rule: Identify each party's interest fully — not just the estate name, but the estate type in which that future interest exists. Example: don't just say "O has a possibility of reverter" — say "O has a possibility of reverter in fee simple absolute."
The Words Decoder
Words of Purchase — The Taker
These words identify who receives the estate. They create the interest. No magic required.
"to A" / "to B" / "to the children of A" / "to B and C"⚠ "and his heirs" is NOT a word of purchase — it's a word of limitation. Heirs get nothing from this phrase.
Words of Limitation — The Estate Type
These words define the nature and duration of the estate being created. Think of them as a code. Memorize this table cold:
| Words of Limitation | Estate Created in Grantee | Notes |
|---|---|---|
| "and his/her heirs" | Fee Simple Absolute | Classic language. Today, "to A" alone implies FSA. |
| "in fee simple" / "absolutely" / "forever" | Fee Simple Absolute | Modern equivalents. Same result. |
| "and heirs of his body" / "and issue" | Fee Tail | Archaic. Many states convert to FSA or life estate. |
| "for life" | Life Estate | Ends at grantee's death (or measuring life's death). |
| "for the life of X" / pur autre vie | Life Estate pur autre vie | Duration = X's life, not grantee's. |
| "for [X] years" / "for one month" | Term of Years (Leasehold) | Stated maximum duration. |
Words of Special Limitation — The Defeasibility Trigger
These create a defeasible estate. The specific words determine which type and who gets the future interest:
FSD Trigger
Determinable Language
"so long as"
"while"
"during"
"until"
"unless"
These words inherently delimit the estate — they define how long it exists. When triggered, the estate ends automatically. No action required.
FSCS Trigger
Condition Subsequent Language
"but if"
"on condition that"
"provided that"
"however if"
These words cut short an otherwise complete estate. When triggered, termination requires the grantor to exercise the right of entry — it does NOT end automatically (unless there's a third-party gift over).
⚠ Ambiguity Rule: If the conveyance mixes "so long as … then O may re-enter," courts prefer right of entry over possibility of reverter — because automatic forfeiture is disfavored. When in doubt → condition subsequent → right of entry.
What the Words DON'T Do
"and his heirs" — Creates NO interest in the heirs. It is purely a code phrase meaning "fee simple absolute." Heirs only get the property if they later inherit it (intestacy) or receive it by gift/will.
"O may re-enter" — Does NOT create an automatic transfer. It creates a power to terminate the estate. The grantor must act. Compare to "so long as" which acts automatically.
Present Interests — Possessory Estates
The grantee has the right to possession now. Use this decision tree after identifying the words of limitation:
🔍 What are the words of limitation?
→ "and his heirs" / "in fee simple" / nothing (modern default)
Are there any words of special limitation or condition?
NO
FEE SIMPLE ABSOLUTE (FSA)
Largest possible estate. Can last forever. Freely alienable, devisable, heritable. No future interest runs against it (except perhaps executory by third party).
Largest possible estate. Can last forever. Freely alienable, devisable, heritable. No future interest runs against it (except perhaps executory by third party).
YES — "so long as / while / during"
FEE SIMPLE DETERMINABLE (FSD)
Automatically terminates when the specified event happens. Future interest held by grantor = Possibility of Reverter. If given to third party = Executory Interest.
Automatically terminates when the specified event happens. Future interest held by grantor = Possibility of Reverter. If given to third party = Executory Interest.
YES — "but if / on condition that / provided that"
FEE SIMPLE SUBJECT TO CONDITION SUBSEQUENT (FSCS)
Does NOT automatically terminate. Grantor must exercise right of re-entry. Future interest = Right of Entry. If given to third party = becomes Executory Interest (and DOES terminate automatically).
Does NOT automatically terminate. Grantor must exercise right of re-entry. Future interest = Right of Entry. If given to third party = becomes Executory Interest (and DOES terminate automatically).
YES — condition/limitation with gift over to third party
FEE SIMPLE SUBJECT TO EXECUTORY LIMITATION (FSEI)
Either an FSD or FSCS where the future interest goes to a third party (not back to grantor). Third party holds an Executory Interest. Terminates automatically in favor of the third party.
Either an FSD or FSCS where the future interest goes to a third party (not back to grantor). Third party holds an Executory Interest. Terminates automatically in favor of the third party.
→ "for life"
LIFE ESTATE
Ends at grantee's death. Can be defeasible too ("for life so long as…" = determinable life estate). Creates reversion in grantor unless a remainder is expressly given over.
Ends at grantee's death. Can be defeasible too ("for life so long as…" = determinable life estate). Creates reversion in grantor unless a remainder is expressly given over.
→ "and heirs of his body"
FEE TAIL
Lasts while lineal descendants exist. Mostly abolished. Check jurisdiction. Grantor keeps Reversion. Modern default in many states: converts to FSA.
Lasts while lineal descendants exist. Mostly abolished. Check jurisdiction. Grantor keeps Reversion. Modern default in many states: converts to FSA.
→ "for [X] years"
TERM OF YEARS / LEASEHOLD
Stated maximum duration. Can also be determinable or subject to condition. Non-freehold estate.
Stated maximum duration. Can also be determinable or subject to condition. Non-freehold estate.
Key Distinctions: FSD vs. FSCS
| Fee Simple Determinable | Fee Simple Subject to Condition Subsequent | |
|---|---|---|
| Trigger words | so long as, while, during, until, unless | but if, on condition that, provided that |
| Termination | Automatic No action needed | Manual Grantor must re-enter/sue |
| Grantor's future interest | Possibility of Reverter | Right of Entry (Power of Termination) |
| Adverse possession risk | Higher — grantee trespasses immediately on violation | Lower — not a trespasser until grantor acts |
| Alienable inter vivos? | Yes (in most states) | Often NOT alienable inter vivos (in many states) |
| Devisable / Heritable? | Yes | Yes (in most states) |
Future Interests — The Complete Classifier
A future interest is owned now — but possession comes (if at all) later. First ask: Is the future interest in the Grantor or a Transferee (third party)?
🏛 Future Interests in the GRANTOR (Transferor)
There are exactly 3:
- Reversion
- Possibility of Reverter
- Right of Entry (Power of Termination)
📜 Future Interests in TRANSFEREES (Third Parties)
There are exactly 2 categories:
- Remainders (vested or contingent)
- Executory Interests (shifting or springing)
① Reversion
When does it arise? Whenever O conveys away an estate of lesser quality (life estate, fee tail, term of years) than O has, and does NOT give the balance to a third party.
Key: Lesser quality = life estate < fee simple. Even if O conveys "for 1000 years," that's still lesser quality than a fee simple.
Hierarchy:
Transferable? Yes — devisable, inheritable, and alienable.
Example:
Key: Lesser quality = life estate < fee simple. Even if O conveys "for 1000 years," that's still lesser quality than a fee simple.
Hierarchy:
Fee Simple > Fee Tail > Life Estate > TenanciesTransferable? Yes — devisable, inheritable, and alienable.
Example:
O to A for life → O has a reversion in fee simple absolute.⚠ Even a "possible" reversion is still called a reversion — never "possibility of reversion." (e.g., "to A for life, then to B if B reaches 21" — O still has a reversion, not a possibility of reversion.)
② Possibility of Reverter
When does it arise? O conveys a determinable estate of the same quantum as O's estate, and does NOT give the future interest to a third party.
Key test: Same quantum = O had FSA → conveyed FSD → keeps possibility of reverter.
If O conveys a determinable life estate (lesser quality), O gets a reversion, not a possibility of reverter.
Transferable? Devisable & heritable. Inter vivos alienable in most states.
Example:
Key test: Same quantum = O had FSA → conveyed FSD → keeps possibility of reverter.
If O conveys a determinable life estate (lesser quality), O gets a reversion, not a possibility of reverter.
Transferable? Devisable & heritable. Inter vivos alienable in most states.
Example:
O to A and his heirs so long as used for residential purposes → O has possibility of reverter in FSA.
③ Right of Entry (Power of Termination)
When does it arise? O conveys an estate subject to condition subsequent (same quantum) and does NOT give the future interest to a third party.
Does NOT arise automatically — grantor must affirmatively elect to exercise it.
Transferable? Devisable & heritable. Inter vivos alienability varies by state — many restrict it.
Special: If O conveys a life estate subject to condition subsequent → O has both a right of entry AND a reversion = "right of entry incident to a reversion."
Example:
Does NOT arise automatically — grantor must affirmatively elect to exercise it.
Transferable? Devisable & heritable. Inter vivos alienability varies by state — many restrict it.
Special: If O conveys a life estate subject to condition subsequent → O has both a right of entry AND a reversion = "right of entry incident to a reversion."
Example:
O to A and his heirs, but if used for commercial purposes, O may re-enter → O has right of entry in FSA.
④ Remainders — Future Interests in Transferees
A remainder is a future interest in a transferee that (a) is created simultaneously with the prior estate, and (b) can become possessory only at the natural termination of the prior estate — it does NOT cut short a prior estate.
📌 Remainder cannot follow a vested fee simple of any sort. After any fee simple, the third-party interest = executory interest.
Vested Remainder
Sub-types:
Requirements (both must be met):
- Given to an ascertained person (known, identifiable)
- Subject to no condition precedent other than the termination of prior estates
Sub-types:
- Indefeasibly vested — nothing can take it away
- Vested subject to total divestment — condition subsequent can wipe it out
- Vested subject to partial divestment (open) — class gift; more takers can be added (e.g., "to A's children")
Contingent Remainder
If EITHER is true:
- Given to an unascertained person (unborn, unknown class member), OR
- Subject to a condition precedent (must happen before taker can take)
⚠ Condition precedent vs. subsequent: If the condition appears before or simultaneously with the gift → precedent → contingent. If it appears after an otherwise complete gift (in a "but if" clause) → subsequent → vested.
⑤ Executory Interests
When: Any future interest in a third party that either (a) follows a vested fee simple, or (b) cuts short / divests a prior vested estate or the grantor's interest.
Shifting Executory Interest
Divests a previous grantee's estate.
Example:
Divests a previous grantee's estate.
Example:
"to A, but if X, then to B" → B has a shifting EI.
Springing Executory Interest
Divests the grantor's estate (springs out of the grantor).
Example:
Divests the grantor's estate (springs out of the grantor).
Example:
"to A one year from today" → A has a springing EI.
✅ Transferable? Yes — executory interests can be devised and inherited (and sold/alienated).
How to Identify Every Party Completely
For each party, you must state four things. Missing any one = incomplete answer on an exam.
THE COMPLETE IDENTIFICATION FORMULA
[Party] has a [present/future] interest = [name of estate] in [the quantum of that estate]
Example: O has a possibility of reverter in fee simple absolute.
Example: A has a present life estate (determinable).
Example: B has a vested remainder in fee simple subject to open.
Party-by-Party Checklist
For every party in a hypo, walk through this checklist
Party
Question to Ask
What to Identify
Common Mistakes
O
What did O start with? What did O keep?
O almost always has a retained future interest unless they gave everything away to third parties. Identify: Reversion? Possibility of Reverter? Right of Entry? Or nothing?
Forgetting O's interest entirely. O doesn't vanish just because the conveyance focuses on A and B.
A
What words of purchase + limitation apply to A? Is A's estate defeasible?
Name A's present or future estate fully. If A later conveys to B, ask: what does A retain? A may then have both a present interest in whatever they kept AND a future interest (e.g., reversion for life).
Forgetting that A can have multiple interests if A sub-conveys. Also: not noting if A's estate is determinable or subject to condition.
B / C ...
Is this interest vested or contingent? Does it follow a fee simple (→ executory) or a lesser estate (→ possible remainder)?
Remainder or executory interest? Vested or contingent? In fee simple, for life, or other quantum? Subject to divestment? Can become possessory when?
Calling it a "remainder" after a fee simple (must be executory). Not noting if it's contingent. Not identifying the quantum of the future interest.
Heirs
Are "his heirs" words of limitation or words of purchase?
If the phrase is "and his heirs" = words of limitation only, heirs have NO interest. If the conveyance says "to the heirs of A" = those heirs are the actual takers (words of purchase).
Giving heirs an interest when "and his heirs" is present. This is the most common basic mistake.
Sub-Conveyances: When A Conveys to X
When an intermediate grantee (A) conveys to a third party (X), ask:
i
What did A have? A can only convey what A has — no more.
ii
What did A give X? Identify X's estate using the same words-of-limitation rules.
iii
What did A keep? The leftover = A's retained interest. Label it precisely (reversion? contingent future interest? fee simple determinable?)
iv
Is the original defeasibility condition still alive? A's sub-conveyance does NOT defeat original words of special limitation from O's conveyance. Those run with the land.
Classic trap: "O to A, so long as … Then A conveys to Z and his heirs." Z's deed drops the "so long as" language — but that doesn't matter. O's original possibility of reverter survives and still runs against the land.
Devising & Inheriting — Who Can Pass What
| Interest | Devisable (by will)? | Heritable (intestate)? | Alienable Inter Vivos? |
|---|---|---|---|
| Fee Simple Absolute | Yes | Yes | Yes |
| Fee Simple Determinable | Yes | Yes | Yes |
| Fee Simple Subject to Condition Subsequent | Yes | Yes | Yes |
| Life Estate | No (ends at death) | No | Yes (life estate pur autre vie) |
| Reversion | Yes | Yes | Yes |
| Possibility of Reverter | Yes | Yes | Yes in most states; some restrict |
| Right of Entry | Yes | Yes | Many states say NOT alienable inter vivos |
| Vested Remainder | Yes | Yes | Yes |
| Contingent Remainder | In most states | In most states | Generally yes (modern rule) |
| Executory Interest | Yes | Yes | Yes |
Master Reference Table — All Estates at a Glance
| Present Estate in Grantee | Trigger Words | Termination | Future Interest if Kept by Grantor | Future Interest if Given to 3rd Party |
|---|---|---|---|---|
| Fee Simple Absolute | "and his heirs" / "to A" (modern default) | Never (lasts forever) | None | N/A (no defeasibility) |
| Fee Simple Determinable | "so long as / while / during / until" | Automatic on event | Possibility of Reverter | Executory Interest |
| Fee Simple — Condition Subsequent | "but if / on condition that / provided that" | Only if grantor exercises Right of Entry | Right of Entry | Executory Interest (auto-terminates) |
| Fee Simple — Exec. Limitation | Either of the above + "then to B" | Automatic (3rd party takes) | N/A | Executory Interest (shifting) |
| Fee Tail | "and heirs of his body" / "and issue" | When lineal descendants run out | Reversion | Remainder |
| Life Estate | "for life" | At life tenant's death | Reversion | Remainder (or Exec. Interest if condition) |
| Determinable Life Estate | "for life so long as…" | Earlier of: death OR event | Reversion (NOT possibility of reverter) | Remainder |
| Life Estate — Condition Subsequent | "for life, but if…" | Death OR exercise of right of entry | Right of Entry + Reversion (incident) | Executory Interest |
| Term of Years | "for X years" | Expiration of term | Reversion | Remainder |
Future Interest Quick-Classifier
| Future Interest | Holder | Preceding Estate | How It Becomes Possessory | Subject to RAP? |
|---|---|---|---|---|
| Reversion | Grantor only | Any lesser estate w/o gift over | Natural termination of prior estate | No |
| Possibility of Reverter | Grantor only | Determinable estate, same quantum | Automatic on triggering event | No |
| Right of Entry | Grantor only | Condition subsequent, same quantum | Grantor's election to exercise | No |
| Indefeasibly Vested Remainder | Transferee | Life estate / fee tail / leasehold | Natural termination of prior estate | No (vested) |
| Vested Remainder — Divestment | Transferee | Same | Natural termination (if not divested) | No (vested) |
| Contingent Remainder | Transferee | Life estate / fee tail / leasehold | Condition precedent satisfied + prior estate ends | Yes |
| Shifting Executory Interest | Transferee | Vested fee simple (any kind) | Divests prior grantee upon event | Yes |
| Springing Executory Interest | Transferee | Grantor's retained interest | Divests grantor upon event | Yes |
One-Line Memory Anchors
FSD: "So long as" = automatic. Grantor gets it back by itself. Possibility of reverter.
FSCS: "But if" = grantor must act. Right of entry = power, not automatic.
Remainder: Waits patiently for prior estate to END naturally. Never cuts short.
Executory Interest: Jumps in by DIVESTING someone — either grantor or prior grantee.
Reversion: Arises whenever O gives away LESS than O has (and keeps the rest).
"And his heirs": Heirs get NOTHING. It's a code for "fee simple absolute."
Vested remainder: Known person + no condition precedent (other than prior estate ending).
Contingent remainder: Unknown person OR condition precedent must be satisfied first.
Rule Against Perpetuities — Exam Checklist
⏳ The Classic Common Law RAP
"No interest is valid unless it must vest, if at all, no later than 21 years after some life in being at the creation of the interest."
Step-by-Step RAP Analysis
1
Does RAP even apply?
RAP only applies to contingent remainders and executory interests. It does NOT apply to: vested remainders, reversions, possibilities of reverter, rights of entry, or anything in the grantor.
2
When is the interest "created"?
Inter vivos deed = date of delivery. Will = date of testator's death (not when signed).
3
Find a validating life.
A validating life must be: (a) a person alive (or conceived) at creation, (b) ascertainable, and (c) their death must be logically connected to when the interest will vest or fail. Try: the measuring person named in the conveyance, the grantee, the grantor.
4
Can you PROVE the interest must vest (or fail) within that life + 21 years?
This is a rule of logical proof — not a wait-and-see. Ask: "Is there ANY possible scenario, no matter how unlikely, where it vests more than 21 years after the validating life?" If yes → VOID.
5
If void — what's the effect?
FSCS gift over: Strike "but if" through the end → grantee keeps FSA.
FSD gift over: Strike only the "then to B" portion → grantee keeps FSD, grantor gets possibility of reverter back.
FSD gift over: Strike only the "then to B" portion → grantee keeps FSD, grantor gets possibility of reverter back.
RAP Traps — Watch These
The Unborn Widow Trap
"to A for life, then to A's widow for life, then to A's issue." — A's widow might not be alive at creation (A could remarry). Widow's interest = valid (vests at A's death). But issue's interest = VOID (might vest >21 yrs after any life in being).
The Fertile Octogenarian
RAP conclusively presumes any living person can have children, regardless of age or physical impossibility. "To the first child of A to reach 25" — if A is 80 with a hysterectomy, still VOID under common law RAP.
Class Gifts Rule
If the gift is invalid as to ANY member of the class, it's invalid as to ALL. "To A's grandchildren" — if one grandchild might vest too remotely, entire gift fails.
Age Contingency > 21
"To first child of A to reach age 25" + A is alive = VOID (child might be born after creation, reach 25 more than 21 yrs after A's death). Change to age 21 → valid, using A as validating life.
✅ Safe Harbors — RAP never an issue: All vested interests. "To A for life, then to B" — B's remainder is vested, no RAP issue. "To A for life, then to A's children then living" — if A is dead at creation, all children are ascertainable, valid.
Worked Examples — Step by Step
Example 1: Classic Chain
"O to A for life, then to B and his heirs."
Party Analysis
Party
Interest
Notes
O
Nothing retained — gave everything to A (life estate) and B (remainder)
O gave away all residual to B, so no reversion.
A
Present interest = Life Estate
"For life" = words of limitation. A's estate ends at A's death.
B
Future interest = Indefeasibly Vested Remainder in Fee Simple Absolute
B is ascertained, no condition precedent. "And his heirs" = words of limitation (FSA). Vested = valid. RAP n/a.
B's Heirs
No interest
"And his heirs" are merely words of limitation, not words of purchase.
Example 2: Defeasible Fees + Multiple Parties
"O to A and his heirs so long as the land is used for residential purposes, then to B and her heirs."
Party Analysis
O
Nothing — gave future interest to B
When grantor gives the future interest after an FSD to a third party, grantor keeps nothing.
A
Present interest = Fee Simple Subject to Executory Limitation (FSD variety)
"So long as" = determinable language. But since future goes to B (not O), this is FSEI. Auto-terminates in favor of B on the event.
B
Future interest = Executory Interest (Shifting) in Fee Simple Absolute
B divests A's vested fee simple → must be executory, not remainder. Remainder cannot follow a fee simple.
⚠ RAP Note: This executory interest in B is subject to RAP. If the event could happen more than 21 years after all lives in being → B's interest VOID. On void: strike "then to B and her heirs" → A has FSD + O gets possibility of reverter back.
Example 3: The Condition Subsequent + Third Party Chain
"O to A and his heirs, but if the premises are ever used for commercial purposes, O may re-enter."
Party Analysis
O
Future interest = Right of Entry in Fee Simple Absolute
"But if … O may re-enter" = classic right of entry language. O must act; does NOT terminate automatically.
A
Present interest = Fee Simple Subject to Condition Subsequent
The "and his heirs" gives A FSA, but the "but if" conditions it. Estate continues until O exercises right of entry after the condition is violated.
Example 4: Complex Chain with Life Estates + Remainders
"O to A for life, then to B for life, then to C and her heirs if C survives B, and if C does not survive B, then to D and his heirs."
Party Analysis
O
Nothing — all interests accounted for
The "if C does not survive B, then to D" covers the alternative, so nothing reverts to O.
A
Present interest = Life Estate (indefeasibly vested)
No condition precedent. A possesses now.
B
Future interest = Indefeasibly Vested Remainder for Life
B is ascertained, no condition precedent (courts tend to view "if B is then living" as surplusage in many readings, but this is contested — see Example 3 in Krier).
C
Future interest = Contingent Remainder in Fee Simple Absolute
Condition precedent: C must survive B. C is ascertained, but survival is an express condition precedent → contingent.
D
Future interest = Contingent Remainder in Fee Simple Absolute (alternative)
C and D have alternative contingent remainders. D's condition: B not survived by C. Exactly one of them will take.
📌 RAP Check: B is a validating life. C and D's remainders will vest (or fail) at B's death — well within B's lifetime. Both interests are valid under RAP.
Example 5: The Sub-Conveyance Trap
"O to A and his heirs, so long as no liquor is sold on the premises." Then A conveys "to B and his heirs" (no "so long as" language in A's deed to B).
Party Analysis — After A's Sub-Conveyance
O
Possibility of Reverter in Fee Simple Absolute
O's interest is not destroyed by A's sub-conveyance. Original words of special limitation run with the land.
A
Nothing — A conveyed away all A had
A had a FSD. A transferred that FSD to B. A retains nothing.
B
Present interest = Fee Simple Determinable
B takes subject to the same "so long as" condition — A couldn't give B more than A had. If liquor is sold, title automatically reverts to O.
Example 6: The Layered Nightmare Hypo
"O to A for life, so long as A does not remarry, then to B and his heirs if B reaches 30, and if B does not reach 30, to C for life, remainder to C's children."
Party Analysis
O
Reversion in Fee Simple Absolute
A has a determinable life estate (lesser quantum). Since it's lesser quantum than O's FSA, O gets a reversion (not possibility of reverter). Also: if A remarries, A's estate ends early and it all reverts to O until B or C take.
A
Present interest = Determinable Life Estate
"For life" (words of limitation) + "so long as A does not remarry" (words of special limitation). Ends at death OR remarriage, whichever first.
B
Future interest = Contingent Remainder in Fee Simple Absolute
B is ascertained, but "if B reaches 30" = express condition precedent → contingent. Follows a life estate, so it CAN be a remainder. ⚠ RAP: B is a life in being; B's interest vests (if at all) within B's life → VALID.
C
Future interest = Contingent Remainder for Life (alternative to B)
Contingent on B not reaching 30. C's interest arises only if B fails the condition.
C's children
Future interest = Vested Remainder subject to Open in Fee Simple Absolute
Follows C's life estate. If C has children: vested subject to open (more children = partial divestment). ⚠ RAP: C is a life in being; C's children's interests vest at C's death or at birth → using C as validating life = VALID.
KRIER · PROPERTY LAW
Estates & Future Interests
Decision Engine
A formulaic system for dissecting any conveyance hypo — identify every party, every estate, every right.
Step 1 — Parse Any Conveyance Before Doing Anything Else
Before labeling a single interest, slice every conveyance into its components. This prevents missing a party and misidentifying an estate.
1
Identify the Grantor (O)
The person conveying. Always ask: what estate did O start with? Default assumption = fee simple absolute unless stated otherwise. O almost always starts every hypo.
The person conveying. Always ask: what estate did O start with? Default assumption = fee simple absolute unless stated otherwise. O almost always starts every hypo.
2
Slice the conveyance at every comma and "then to"
Each slice is a separate clause. Each clause = one grantee segment. Write them out linearly:
Each slice is a separate clause. Each clause = one grantee segment. Write them out linearly:
O → Clause 1 → Clause 2 → Clause 3 ...
3
In each clause, locate the Words of Purchase
The WHO receiving the estate — "to A," "to B," "to C." These words name the taker. They create the interest.
The WHO receiving the estate — "to A," "to B," "to C." These words name the taker. They create the interest.
4
Identify the Words of Limitation
The WHAT TYPE of estate — "and his heirs," "for life," "and heirs of his body," "for 10 years." These define the estate's duration and nature. They do NOT create rights in the heirs.
The WHAT TYPE of estate — "and his heirs," "for life," "and heirs of his body," "for 10 years." These define the estate's duration and nature. They do NOT create rights in the heirs.
5
Flag any Words of Special Limitation / Condition
The IF/WHEN/UNLESS triggers — "so long as," "but if," "provided that," "on condition that," "unless." These create defeasibility. Circle them every time.
The IF/WHEN/UNLESS triggers — "so long as," "but if," "provided that," "on condition that," "unless." These create defeasibility. Circle them every time.
6
Ask: Is there anything left over that goes back to O?
If the conveyance doesn't expressly give everything away, O has a retained future interest. Never forget O — the professor loves hiding O's interest.
If the conveyance doesn't expressly give everything away, O has a retained future interest. Never forget O — the professor loves hiding O's interest.
7
Now label every party's estate
Work clause by clause through Tabs ③ and ④. For each party write:
Work clause by clause through Tabs ③ and ④. For each party write:
[Party] has a [PRESENT/FUTURE] interest = [Name of Estate]
The Anatomy of a Conveyance (Visual)
"to A" "and his heirs" "so long as the land is used for school purposes," "then to B" "and her heirs" "but if B dies before A, then to C" "for life"
Words of Purchase (WHO)
Words of Limitation (WHAT TYPE)
Words of Special Limitation (DURATION TRIGGER)
Condition / Divesting Event
⚖ The Golden Rule: Identify each party's interest fully — not just the estate name, but the estate type in which that future interest exists. Example: don't just say "O has a possibility of reverter" — say "O has a possibility of reverter in fee simple absolute."
The Words Decoder
Words of Purchase — The Taker
These words identify who receives the estate. They create the interest. No magic required.
"to A" / "to B" / "to the children of A" / "to B and C"⚠ "and his heirs" is NOT a word of purchase — it's a word of limitation. Heirs get nothing from this phrase.
Words of Limitation — The Estate Type
These words define the nature and duration of the estate being created. Think of them as a code. Memorize this table cold:
| Words of Limitation | Estate Created in Grantee | Notes |
|---|---|---|
| "and his/her heirs" | Fee Simple Absolute | Classic language. Today, "to A" alone implies FSA. |
| "in fee simple" / "absolutely" / "forever" | Fee Simple Absolute | Modern equivalents. Same result. |
| "and heirs of his body" / "and issue" | Fee Tail | Archaic. Many states convert to FSA or life estate. |
| "for life" | Life Estate | Ends at grantee's death (or measuring life's death). |
| "for the life of X" / pur autre vie | Life Estate pur autre vie | Duration = X's life, not grantee's. |
| "for [X] years" / "for one month" | Term of Years (Leasehold) | Stated maximum duration. |
Words of Special Limitation — The Defeasibility Trigger
These create a defeasible estate. The specific words determine which type and who gets the future interest:
FSD Trigger
Determinable Language
"so long as"
"while"
"during"
"until"
"unless"
These words inherently delimit the estate — they define how long it exists. When triggered, the estate ends automatically. No action required.
FSCS Trigger
Condition Subsequent Language
"but if"
"on condition that"
"provided that"
"however if"
These words cut short an otherwise complete estate. When triggered, termination requires the grantor to exercise the right of entry — it does NOT end automatically (unless there's a third-party gift over).
⚠ Ambiguity Rule: If the conveyance mixes "so long as … then O may re-enter," courts prefer right of entry over possibility of reverter — because automatic forfeiture is disfavored. When in doubt → condition subsequent → right of entry.
What the Words DON'T Do
"and his heirs" — Creates NO interest in the heirs. It is purely a code phrase meaning "fee simple absolute." Heirs only get the property if they later inherit it (intestacy) or receive it by gift/will.
"O may re-enter" — Does NOT create an automatic transfer. It creates a power to terminate the estate. Compare to "so long as" which acts automatically.
Present Interests — Possessory Estates
The grantee has the right to possession now. Use this decision tree after identifying the words of limitation:
🔍 What are the words of limitation?
→ "and his/her heirs" / "in fee simple" / nothing (modern default)
Are there any words of special limitation or condition?
NO
FEE SIMPLE ABSOLUTE (FSA)
Largest possible estate. Can last forever. Freely alienable, devisable, heritable. No future interest runs against it (except perhaps executory by third party).
Largest possible estate. Can last forever. Freely alienable, devisable, heritable. No future interest runs against it (except perhaps executory by third party).
YES — "so long as / while / during"
FEE SIMPLE DETERMINABLE (FSD)
Automatically terminates when the specified event happens. Future interest held by grantor = Possibility of Reverter. If given to third party = Executory Interest.
Automatically terminates when the specified event happens. Future interest held by grantor = Possibility of Reverter. If given to third party = Executory Interest.
YES — "but if / on condition that / provided that"
FEE SIMPLE SUBJECT TO CONDITION SUBSEQUENT (FSCS)
Does NOT automatically terminate. Grantor must exercise right of re-entry. Future interest = Right of Entry. If given to third party = becomes Executory Interest (and DOES terminate automatically).
Does NOT automatically terminate. Grantor must exercise right of re-entry. Future interest = Right of Entry. If given to third party = becomes Executory Interest (and DOES terminate automatically).
YES — condition/limitation with gift over to third party
FEE SIMPLE SUBJECT TO EXECUTORY LIMITATION (FSEI)
Either an FSD or FSCS where the future interest goes to a third party (not back to grantor). Third party holds an Executory Interest. Terminates automatically in favor of the third party.
Either an FSD or FSCS where the future interest goes to a third party (not back to grantor). Third party holds an Executory Interest. Terminates automatically in favor of the third party.
→ "for life"
LIFE ESTATE
Ends at life tenant's death. Can be defeasible too ("for life so long as…" = determinable life estate). Creates reversion in grantor unless a remainder is expressly given over.
Ends at life tenant's death. Can be defeasible too ("for life so long as…" = determinable life estate). Creates reversion in grantor unless a remainder is expressly given over.
→ "and heirs of his body"
FEE TAIL
Lasts while lineal descendants exist. Mostly abolished. Check jurisdiction. Grantor keeps Reversion. Modern default in many states: converts to FSA.
Lasts while lineal descendants exist. Mostly abolished. Check jurisdiction. Grantor keeps Reversion. Modern default in many states: converts to FSA.
→ "for [X] years"
TERM OF YEARS / LEASEHOLD
Stated maximum duration. Can also be determinable or subject to condition. Non-freehold estate.
Stated maximum duration. Can also be determinable or subject to condition. Non-freehold estate.
Key Distinctions: FSD vs. FSCS
| Fee Simple Determinable | Fee Simple Subject to Condition Subsequent | |
|---|---|---|
| Trigger words | so long as, while, during, until, unless | but if, on condition that, provided that |
| Termination | Automatic No action needed | Manual Grantor must re-enter/sue |
| Grantor's future interest | Possibility of Reverter | Right of Entry (Power of Termination) |
| Adverse possession risk | Higher — grantee trespasses immediately on violation | Lower — not a trespasser until grantor acts |
| Alienable inter vivos? | Yes (in most states) | Often NOT alienable inter vivos (in many states) |
| Devisable / Heritable? | Yes | Yes (in most states) |
Future Interests — The Complete Classifier
A future interest is owned now — but possession comes (if at all) later. First ask: Is the future interest in the Grantor or a Transferee (third party)?
🏛 Future Interests in the GRANTOR (Transferor)
There are exactly 3:
- Reversion
- Possibility of Reverter
- Right of Entry (Power of Termination)
📜 Future Interests in TRANSFEREES (Third Parties)
There are exactly 2 categories:
- Remainders (vested or contingent)
- Executory Interests (shifting or springing)
① Reversion
When does it arise? Whenever O conveys away an estate of lesser quality (life estate, fee tail, term of years) than O has, and does NOT give the balance to a third party.
Key: Lesser quality = life estate < fee simple. Even if O conveys "for 1000 years," that's still lesser quality than a fee simple.
Hierarchy:
Transferable? Yes — devisable, inheritable, and alienable.
Example:
Key: Lesser quality = life estate < fee simple. Even if O conveys "for 1000 years," that's still lesser quality than a fee simple.
Hierarchy:
Fee Simple > Fee Tail > Life Estate > TenanciesTransferable? Yes — devisable, inheritable, and alienable.
Example:
O to A for life → O has a reversion in fee simple absolute.⚠ Even a "possible" reversion is still called a reversion — never "possibility of reversion." (e.g., "to A for life, then to B if B reaches 21" — O still has a reversion, not a possibility of reversion.)
② Possibility of Reverter
When does it arise? O conveys a determinable estate of the same quantum as O's estate, and does NOT give the future interest to a third party.
Key test: Same quantum = O had FSA → conveyed FSD → keeps possibility of reverter.
If O conveys a determinable life estate (lesser quality), O gets a reversion, not a possibility of reverter.
Transferable? Devisable & heritable. Inter vivos alienable in most states.
Example:
Key test: Same quantum = O had FSA → conveyed FSD → keeps possibility of reverter.
If O conveys a determinable life estate (lesser quality), O gets a reversion, not a possibility of reverter.
Transferable? Devisable & heritable. Inter vivos alienable in most states.
Example:
O to A and his heirs so long as used for residential purposes → O has possibility of reverter in FSA.
③ Right of Entry (Power of Termination)
When does it arise? O conveys an estate subject to condition subsequent (same quantum) and does NOT give the future interest to a third party.
Does NOT arise automatically — grantor must affirmatively elect to exercise it.
Transferable? Devisable & heritable. Inter vivos alienability varies by state — many restrict it.
Special: If O conveys a life estate subject to condition subsequent → O has both a right of entry AND a reversion = "right of entry incident to a reversion."
Example:
Does NOT arise automatically — grantor must affirmatively elect to exercise it.
Transferable? Devisable & heritable. Inter vivos alienability varies by state — many restrict it.
Special: If O conveys a life estate subject to condition subsequent → O has both a right of entry AND a reversion = "right of entry incident to a reversion."
Example:
O to A and his heirs, but if used for commercial purposes, O may re-enter → O has right of entry in FSA.
④ Remainders — Future Interests in Transferees
A remainder is a future interest in a transferee that (a) is created simultaneously with the prior estate, and (b) can become possessory only at the natural termination of the prior estate — it does NOT cut short a prior estate.
📌 Remainder cannot follow a vested fee simple of any sort. After any fee simple, the third-party interest = executory interest.
Vested Remainder
Sub-types:
Requirements (both must be met):
- Given to an ascertained person (known, identifiable)
- Subject to no condition precedent other than the termination of prior estates
Sub-types:
- Indefeasibly vested — nothing can take it away
- Vested subject to total divestment — condition subsequent can wipe it out
- Vested subject to partial divestment (open) — class gift; more takers can be added (e.g., "to A's children")
Contingent Remainder
If EITHER is true:
- Given to an unascertained person (unborn, unknown class member), OR
- Subject to a condition precedent (must happen before taker can take)
⚠ Condition precedent vs. subsequent: If the condition appears before or simultaneously with the gift → precedent → contingent. If it appears after an otherwise complete gift (in a "but if" clause) → subsequent → vested.
⑤ Executory Interests
When: Any future interest in a third party that either (a) follows a vested fee simple, or (b) cuts short / divests a prior vested estate or the grantor's interest.
Shifting Executory Interest
Divests a previous grantee's estate.
Example:
Divests a previous grantee's estate.
Example:
"to A, but if X, then to B" → B has a shifting EI.
Springing Executory Interest
Divests the grantor's estate (springs out of the grantor).
Example:
Divests the grantor's estate (springs out of the grantor).
Example:
"to A one year from today" → A has a springing EI.
✅ Transferable? Yes — executory interests can be devised and inherited (and sold/alienated).
How to Identify Every Party Completely
For each party, you must state four things. Missing any one = incomplete answer on an exam.
THE COMPLETE IDENTIFICATION FORMULA
[Party] has a [present/future] interest = [name of estate] in [the quantum of that estate]
Example: O has a possibility of reverter in fee simple absolute.
Example: A has a present life estate (determinable).
Example: B has a vested remainder subject to open in fee simple absolute.
Party-by-Party Checklist
For every party in a hypo, walk through this checklist
Party
Question to Ask
What to Identify
Common Mistakes
O
What did O start with? What did O keep?
O almost always has a retained future interest unless they gave everything away to third parties. Identify: Reversion? Possibility of Reverter? Right of Entry? Or nothing?
Forgetting O's interest entirely. O doesn't vanish just because the conveyance focuses on A and B.
A
What words of purchase + limitation apply to A? Is A's estate defeasible?
Name A's present or future estate fully. If A later conveys to B, ask: what does A retain? A may then have both a present interest in whatever they kept AND a future interest (e.g., reversion for life).
Forgetting that A can have multiple interests if A sub-conveys. Also: not noting if A's estate is determinable or subject to condition.
B / C ...
Is this interest vested or contingent? Does it follow a fee simple (→ executory) or a lesser estate (→ possible remainder)?
Remainder or executory interest? Vested or contingent? In fee simple, for life, or other quantum? Subject to divestment? Can become possessory when?
Calling it a "remainder" after a fee simple (must be executory). Not noting if it's contingent. Not identifying the quantum of the future interest.
Heirs
Are "his heirs" words of limitation or words of purchase?
If the phrase is "and his heirs" = words of limitation only, heirs have NO interest. If the conveyance says "to the heirs of A" = those heirs are the actual takers (words of purchase).
Giving heirs an interest when "and his heirs" is present. This is the most common basic mistake.
Sub-Conveyances: When A Conveys to X
When an intermediate grantee (A) conveys to a third party (X), ask:
i
What did A have? A can only convey what A has — no more.
ii
What did A give X? Identify X's estate using the same words-of-limitation rules.
iii
What did A keep? The leftover = A's retained interest. Label it precisely (reversion? contingent future interest? fee simple determinable?)
iv
Is the original defeasibility condition still alive? A's sub-conveyance does NOT defeat original words of special limitation from O's conveyance. Those run with the land.
Classic trap: "O to A, so long as … Then A conveys to Z and his heirs." Z's deed drops the "so long as" language — but that doesn't matter. O's original possibility of reverter survives and still runs against the land.
Devising & Inheriting — Who Can Pass What
| Interest | Devisable (by will)? | Heritable (intestate)? | Alienable Inter Vivos? |
|---|---|---|---|
| Fee Simple Absolute | Yes | Yes | Yes |
| Fee Simple Determinable | Yes | Yes | Yes |
| Fee Simple Subject to Condition Subsequent | Yes | Yes | Yes |
| Life Estate | No (ends at death) | No | Yes (life estate pur autre vie) |
| Reversion | Yes | Yes | Yes |
| Possibility of Reverter | Yes | Yes | Yes in most states; some restrict |
| Right of Entry | Yes | Yes | Many states say NOT alienable inter vivos |
| Vested Remainder | Yes | Yes | Yes |
| Contingent Remainder | In most states | In most states | Generally yes (modern rule) |
| Executory Interest | Yes | Yes | Yes |
Master Reference Table — All Estates at a Glance
| Present Estate in Grantee | Trigger Words | Termination | Future Interest if Kept by Grantor | Future Interest if Given to 3rd Party |
|---|---|---|---|---|
| Fee Simple Absolute | "and his heirs" / "to A" (modern default) | Never (lasts forever) | None | N/A (no defeasibility) |
| Fee Simple Determinable | "so long as / while / during / until" | Automatic on event | Possibility of Reverter | Executory Interest |
| Fee Simple Subject to Condition Subsequent | "but if / on condition that / provided that" | Only if grantor exercises Right of Entry | Right of Entry | Executory Interest (auto-terminates) |
| Fee Simple — Exec. Limitation | Either of the above + "then to B" | Automatic (3rd party takes) | N/A | Executory Interest (shifting) |
| Fee Tail | "and heirs of his body" / "and issue" | When lineal descendants run out | Reversion | Remainder |
| Life Estate | "for life" | At life tenant's death | Reversion | Remainder (or Exec. Interest if condition) |
| Determinable Life Estate | "for life so long as…" | Earlier of: death OR event | Reversion (NOT possibility of reverter) | Remainder |
| Life Estate — Condition Subsequent | "for life, but if…" | Death OR exercise of right of entry | Right of Entry + Reversion (incident) | Executory Interest |
| Term of Years | "for X years" | Expiration of term | Reversion | Remainder |
Future Interest Quick-Classifier
| Future Interest | Holder | Preceding Estate | How It Becomes Possessory | Subject to RAP? |
|---|---|---|---|---|
| Reversion | Grantor only | Any lesser estate w/o gift over | Natural termination of prior estate | No |
| Possibility of Reverter | Grantor only | Determinable estate, same quantum | Automatic on triggering event | No |
| Right of Entry | Grantor only | Condition subsequent, same quantum | Grantor's election to exercise | No |
| Indefeasibly Vested Remainder | Transferee | Life estate / fee tail / leasehold | Natural termination of prior estate | No (vested) |
| Vested Remainder — Divestment | Transferee | Same | Natural termination (if not divested) | No (vested) |
| Contingent Remainder | Transferee | Life estate / fee tail / leasehold | Condition precedent satisfied + prior estate ends | Yes |
| Shifting Executory Interest | Transferee | Vested fee simple (any kind) | Divests prior grantee upon event | Yes |
| Springing Executory Interest | Transferee | Grantor's retained interest | Divests grantor upon event | Yes |
One-Line Memory Anchors
FSD: "So long as" = automatic. Grantor gets it back by itself. Possibility of reverter.
FSCS: "But if" = grantor must act. Right of entry = power, not automatic.
Remainder: Waits patiently for prior estate to END naturally. Never cuts short.
Executory Interest: Jumps in by DIVESTING someone — either grantor or prior grantee.
Reversion: Arises whenever O gives away LESS than O has (and keeps the rest).
"And his heirs": Heirs get NOTHING. It's a code for "fee simple absolute."
Vested remainder: Known person + no condition precedent (other than prior estate ending).
Contingent remainder: Unknown person OR condition precedent must be satisfied first.
Rule Against Perpetuities — Exam Checklist
⏳ The Classic Common Law RAP
"No interest is valid unless it must vest, if at all, no later than 21 years after some life in being at the creation of the interest."
Step-by-Step RAP Analysis
1
Does RAP even apply?
RAP only applies to contingent remainders and executory interests. It does NOT apply to: vested remainders, reversions, possibilities of reverter, rights of entry, or anything in the grantor.
RAP only applies to contingent remainders and executory interests. It does NOT apply to: vested remainders, reversions, possibilities of reverter, rights of entry, or anything in the grantor.
2
When is the interest "created"?
Inter vivos deed = date of delivery. Will = date of testator's death (not when signed).
Inter vivos deed = date of delivery. Will = date of testator's death (not when signed).
3
Find a validating life.
A validating life must be: (a) a person alive (or conceived) at creation, (b) ascertainable, and (c) their death must be logically connected to when the interest will vest or fail. Try: the measuring person named in the conveyance, the grantee, the grantor.
A validating life must be: (a) a person alive (or conceived) at creation, (b) ascertainable, and (c) their death must be logically connected to when the interest will vest or fail. Try: the measuring person named in the conveyance, the grantee, the grantor.
4
Can you PROVE the interest must vest (or fail) within that life + 21 years?
This is a rule of logical proof — not a wait-and-see. Ask: "Is there ANY possible scenario, no matter how unlikely, where it vests more than 21 years after the validating life?" If yes → VOID.
This is a rule of logical proof — not a wait-and-see. Ask: "Is there ANY possible scenario, no matter how unlikely, where it vests more than 21 years after the validating life?" If yes → VOID.
5
If void — what's the effect?
FSCS gift over: Strike "but if" through the end → grantee keeps FSA.
FSD gift over: Strike only the "then to B" portion → grantee keeps FSD, grantor gets possibility of reverter back.
FSCS gift over: Strike "but if" through the end → grantee keeps FSA.
FSD gift over: Strike only the "then to B" portion → grantee keeps FSD, grantor gets possibility of reverter back.
RAP Traps — Watch These
The Unborn Widow Trap
"to A for life, then to A's widow for life, then to A's issue." — A's widow might not be alive at creation (A could remarry). Widow's interest = valid (vests at A's death). But issue's interest = VOID (might vest >21 yrs after any life in being).
The Fertile Octogenarian
RAP conclusively presumes any living person can have children, regardless of age or physical impossibility. "To the first child of A to reach 25" — if A is 80 with a hysterectomy, still VOID under common law RAP.
Class Gifts Rule
If the gift is invalid as to ANY member of the class, it's invalid as to ALL. "To A's grandchildren" — if one grandchild might vest too remotely, entire gift fails.
Age Contingency > 21
"To first child of A to reach age 25" + A is alive = VOID (child might be born after creation, reach 25 more than 21 yrs after A's death). Change to age 21 → valid, using A as validating life.
✅ Safe Harbors — RAP never an issue: All vested interests. "To A for life, then to B" — B's remainder is vested, no RAP issue. "To A for life, then to A's children then living" — if A is dead at creation, all children are ascertainable, valid.
Worked Examples — Step by Step
Example 1: Classic Chain
"O to A for life, then to B and his heirs."
Party Analysis
Party
Interest
Notes
O
Nothing retained — gave everything to A (life estate) and B (remainder)
O gave away all residual to B, so no reversion.
A
Present interest = Life Estate
"For life" = words of limitation. A's estate ends at A's death.
B
Future interest = Indefeasibly Vested Remainder in Fee Simple Absolute
B is ascertained, no condition precedent. "And his heirs" = words of limitation (FSA). Vested = valid. RAP n/a.
B's Heirs
No interest
"And his heirs" are merely words of limitation, not words of purchase.
Example 2: Defeasible Fees + Multiple Parties
"O to A and his heirs so long as the land is used for residential purposes, then to B and her heirs."
Party Analysis
O
Nothing — gave future interest to B
When grantor gives the future interest after an FSD to a third party, grantor keeps nothing.
A
Present interest = Fee Simple Subject to Executory Limitation (FSD variety)
"So long as" = determinable language. But since future goes to B (not O), this is FSEI. Auto-terminates in favor of B on the event.
B
Future interest = Executory Interest (Shifting) in Fee Simple Absolute
B divests A's vested fee simple → must be executory, not remainder. Remainder cannot follow a fee simple.
⚠ RAP Note: This executory interest in B is subject to RAP. If the event could happen more than 21 years after all lives in being → B's interest VOID. On void: strike "then to B and her heirs" → A has FSD + O gets possibility of reverter back.