How do fee simple estates become invalid

lightspeed

Hi all I have a property law exam coming up and at the moment I'm trying to research information on fee simple estates.

For my exam I have been looking back on past exam papers and there was one question in which wax as follows
"critically discuss the circumstances in which conditions subsequent and determining events attaching to a fee simple estate may be held to be invalid."

From what i have been reading, the question is referring to determinable fee simple ownership and fee simple - subject to condition ownership.

From what i have read so far, the below is what i have concluded.

The determinable fee simple agreement is an agreement that the ownership of the estate will continue indefinitely until an event which may or may not occur actually occurs. upon the occurrence of the specified event, the estate reverts back to the granter.

Fee simple subject to condition is where a specified condition is breached such as if the land can only be used for a park or if alcohol is sold, in such event, the estate will revert back to the grantor if the specified condition is breached.

Given that the above was an exam question, i assume much more detail is required than just the brief definitions I have given above so could anybody advise as to where i should look for more information to answer this type of question?

234

You could look at estates per autre vie (sp?).

valleyoftheunos

I don't want to do your homework for you so this is just a skeleton...

The question is asking you about the circumstances in which the conditions may be held to be valid or invalid and the consequences of such a condition being held to be invalid.

You would need to discuss what sort of reasons the Courts have for declaring conditions to be invalid (uncertainty, policy) and whether the estate can survive or not, this is determined by whether the estate has vested yet or not.