aunt max, had some property she left to her whole family which are about forty...and it may be a fee simple because maybe she deeded to whom ever lives there, it is theirs...
does Alexa have a remainder in this fee simple determinable? or does remainder only come in to future rights. here in this example she's getting possessory rights and future rights so she has a fee simple determinable. there is no remainder here right. ?
Isn't this fee simple subject to a condition subsequent? The condition is that alcohol cannot be served on the land. Fee Simple determinable, would be the grantor determining what the land can be used for.
No idea. Let's let probate court figure it out. It's possible that the state would get it if there are no heirs but realistically perhaps the state law would provide that whoever had the land gets to keep it and keep operating the club.
Not sure what you mean. Are you studying for the bar? For situations where there is no will you might need to explain the role of probate court and also how property can escheat to the state where there are no heirs. Your state might have particular rules governing these circumstances.
John Ryan Nevermind, I researched and found the answer. However, do you mind explaining what happens to the money if Glenda sold the property in a fee simple defeasible and Alexa breaks the promise and the property goes back to Glenda? Did Alexa just lose all her money from buying the property from Glenda and Glenda gained both property AND money from Alexa?
You are absolutely wrong. This is an example of a fee simple subject to a condition subsequent. The condition that no consumption of alcohol is the reason. Determinable is when the former owner states exactly what to use the property for. For instance, property given only for school purpose.
Why do you think that? The condition subsequent gives the grantor the right to take back the land if she chooses to exercise that right. Determinable is automatic and returns to the grantor upon the occurrence of a certain condition.
