Kovats Real Estate School Practice Test

An estate in land vested in a grantee "until he marries" is classified as what type of estate?

1. Fee simple

2. Defeasible fee

3. Leasehold

4. Life estate

The correct answer is: Defeasible fee

An estate in land that is vested in a grantee "until he marries" is classified as a defeasible fee. This type of estate is characterized by its conditional nature. In this case, the condition is explicitly tied to the marital status of the grantee. The estate will remain in effect as long as the grantee does not get married; however, upon marriage, the estate is automatically terminated. Defeasible fees can also be understood as contingent estates, where ownership can be ended or "defeated" upon the occurrence of a specific event—in this case, the event is the marriage of the grantee. This condition distinguishes it from other types of estates, such as fee simple estates, which are not subject to conditions and generally provide the maximum right of ownership, or life estates, which end upon the death of the measuring life. This makes the understanding of defeasible fees particularly important in real estate, as it governs how property rights can change based on future events, allowing for precise legal arrangements in property transactions.