Any Future Interest After A Fee Simple Is A Vested Remainder
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Real Property1
Example wrong choices
18077_maranatha_meadow · REAL_PROPERTY · Choice AA vested remainder subject to open.
Why it's attractive
A remainder must wait for the natural termination of a prior possessory estate (typically a life estate). Barnabas received a fee simple, not a life estate. There is no life estate to support a remainder; the future interest must be executory, not a remainder.
Why it's wrong
A remainder must wait for the natural termination of a prior possessory estate (typically a life estate). Barnabas received a fee simple, not a life estate. There is no life estate to support a remainder; the future interest must be executory, not a remainder.
18077_maranatha_meadow · REAL_PROPERTY · Choice BA possibility of reverter.
Why it's attractive
A possibility of reverter is the grantor's retained interest in a fee simple determinable. The future interest here is in a third party (Timothy), not the grantor (Daniel).
Why it's wrong
A possibility of reverter is the grantor's retained interest in a fee simple determinable. The future interest here is in a third party (Timothy), not the grantor (Daniel).
18077_maranatha_meadow · REAL_PROPERTY · Choice DNo interest unless Barnabas later signs another deed.
Why it's attractive
Timothy's interest was created in Daniel's original deed; no subsequent deed from Barnabas is required. The Silver Key tells the student to read the original deed for the source of the future interest.
Why it's wrong
Timothy's interest was created in Daniel's original deed; no subsequent deed from Barnabas is required. The Silver Key tells the student to read the original deed for the source of the future interest.
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