UBE BAR: Real Property Practice
Exam 100% Well Solved Solutions
2026 Updated.
Fee Simple Determinable - Answer While, so long as, during, until. Automatic termination.
Fee Simple Subject to Condition Subsequent - Answer But if, provided that, on the condition
that. Must be exercised.
Possibility of Reverter - Answer Future interest held by a grantor following fee simple
determinable. Vests automatically.
Right of Entry - Answer Future interest held by the Grantor following a fee simple subject to
condition subsequent. Must be claimed, does not vest automatically.
Fee Simple Subject to Executory Interest - Answer Interest ends when an event occurs and
the future interest vests in a third party. Not the grantor.
Executory Interest - Answer A third-party's future interest that terminates an earlier interest
of grantee.
Life Estate - Answer Can be sold or leased, but measuring life stays the same. No passing on
via will or intestate succession.
Reversion - Answer When possession of land reverts to the grantor after a life estate.
Remainder - Answer When possession of land goes to a third party after a life estate.
Affirmative Waste - Answer Waste caused by voluntary conduct, which causes a decrease in
value.
Permissive Waste - Answer Waste caused by neglect toward the property, causing a decrease
in value.
Ameliorative Waste - Answer Possessor changes the use of the property and actually
increases the value of the property.
, Vested Remainder - Answer RAP does not usually apply. Third party interest after life estate,
and BOTH 1)given to an identifiable grantee and 2)there is no condition that must be met for
the interest to vest.
Contingent Remainder - Answer RAP usually applies. Third party interest after life estate.
Either given to an inascertainable grantee, or there is a condition attached to that third parties
interest.
Vested Subject to Open - Answer 1) vested remainder in a class gift, and 2) full class
membership is unknown. RAP applies.
Rule of Convenience - Answer Close the class as soon as one member becomes entitled.
Done to avoid RAP. Ex) O conveys to A for life, then B's children. Under rule of convenience,
class would close on Anna's death.
Doctrine of Worthier Title - Answer Creates a presumption in a reversion to the grantor,
rather than giving a remainder to the grantor's heirs.
Rule in Shelley's Case - Answer Creates a fee simple interest rather than giving remainder to
grantee's heirs. O conveys to A for life, then to Anna's heirs. A has fee simple.
Shifting Executory Interest v. Springing Executory Interest - Answer Executory interests are
subject to the RAP, and are a future interest in a third party that cuts short a prior vested
interest. Springing Executory Interest divests the grantor, Shifting Executory Interest divests a
prior Grantee.
Rule Against Perpetuities - Answer Validating life must be alive when the interests are
created, and can validate it's own interest. Ex) O conveys B to "A, but if the land is ever used as a
business during A's lifetime, to Ben." Ben's interest is subject to RAP, and lives in being at the
creation of the interest are Anna and Ben. We will know 21 years after either of their lives
whether this interest will vest, so RAP is not violated.
RAP and Class Gifts - Answer If the gift to any member of the class is void under RAP, then
the gift is void as to all. The "All or Nothing" Rule. Ex) O conveys to A for life, then to her
children who reach 25. At the time of the conveyance, A's son B is 26 and her daughter C is 18.
The gift fails RAP because A could have more children, and that child would not be a validating
life. That child could vest more than 21 years after A, B, and C die.
RAP and Charities - Answer An exception is granted to conveyances from one charity to
another
Exam 100% Well Solved Solutions
2026 Updated.
Fee Simple Determinable - Answer While, so long as, during, until. Automatic termination.
Fee Simple Subject to Condition Subsequent - Answer But if, provided that, on the condition
that. Must be exercised.
Possibility of Reverter - Answer Future interest held by a grantor following fee simple
determinable. Vests automatically.
Right of Entry - Answer Future interest held by the Grantor following a fee simple subject to
condition subsequent. Must be claimed, does not vest automatically.
Fee Simple Subject to Executory Interest - Answer Interest ends when an event occurs and
the future interest vests in a third party. Not the grantor.
Executory Interest - Answer A third-party's future interest that terminates an earlier interest
of grantee.
Life Estate - Answer Can be sold or leased, but measuring life stays the same. No passing on
via will or intestate succession.
Reversion - Answer When possession of land reverts to the grantor after a life estate.
Remainder - Answer When possession of land goes to a third party after a life estate.
Affirmative Waste - Answer Waste caused by voluntary conduct, which causes a decrease in
value.
Permissive Waste - Answer Waste caused by neglect toward the property, causing a decrease
in value.
Ameliorative Waste - Answer Possessor changes the use of the property and actually
increases the value of the property.
, Vested Remainder - Answer RAP does not usually apply. Third party interest after life estate,
and BOTH 1)given to an identifiable grantee and 2)there is no condition that must be met for
the interest to vest.
Contingent Remainder - Answer RAP usually applies. Third party interest after life estate.
Either given to an inascertainable grantee, or there is a condition attached to that third parties
interest.
Vested Subject to Open - Answer 1) vested remainder in a class gift, and 2) full class
membership is unknown. RAP applies.
Rule of Convenience - Answer Close the class as soon as one member becomes entitled.
Done to avoid RAP. Ex) O conveys to A for life, then B's children. Under rule of convenience,
class would close on Anna's death.
Doctrine of Worthier Title - Answer Creates a presumption in a reversion to the grantor,
rather than giving a remainder to the grantor's heirs.
Rule in Shelley's Case - Answer Creates a fee simple interest rather than giving remainder to
grantee's heirs. O conveys to A for life, then to Anna's heirs. A has fee simple.
Shifting Executory Interest v. Springing Executory Interest - Answer Executory interests are
subject to the RAP, and are a future interest in a third party that cuts short a prior vested
interest. Springing Executory Interest divests the grantor, Shifting Executory Interest divests a
prior Grantee.
Rule Against Perpetuities - Answer Validating life must be alive when the interests are
created, and can validate it's own interest. Ex) O conveys B to "A, but if the land is ever used as a
business during A's lifetime, to Ben." Ben's interest is subject to RAP, and lives in being at the
creation of the interest are Anna and Ben. We will know 21 years after either of their lives
whether this interest will vest, so RAP is not violated.
RAP and Class Gifts - Answer If the gift to any member of the class is void under RAP, then
the gift is void as to all. The "All or Nothing" Rule. Ex) O conveys to A for life, then to her
children who reach 25. At the time of the conveyance, A's son B is 26 and her daughter C is 18.
The gift fails RAP because A could have more children, and that child would not be a validating
life. That child could vest more than 21 years after A, B, and C die.
RAP and Charities - Answer An exception is granted to conveyances from one charity to
another
