Law School Discussion

Property Help-Estate

Property Help-Estate
« on: March 17, 2008, 12:34:56 PM »

guys, I'm having major trouble with property-estate part
can someone help me with this?

A drafted a conveyance as follows and want you tell her the resultant estates:

" To B and his heirs as soon as the wetlands are drained on the land."

A has told you that she expects the wetlands to be finally drained this summer.

My professor said B had Springing Executory Interest but it is invalid because it is administrative contingency.
I don't understand how it could even be springing executory interest. isn't it just a fee simple determinable?

Re: Property Help-Estate
« Reply #1 on: March 17, 2008, 12:53:50 PM »
It is not Fee Simple Determinable because the property does not vest in B and his heirs until the contingency occurs.  If would be a defeasible estate if it said "To B and his heirs so long as..."

You see the difference?  In a defeasible estate, B gets the property but it can be taken if the condition is not met.  In your example it is the reverse.  B is not vested until the condition occurs.

Forgive me if I used the wrong buzz words, its been a while since property.