What are the possessory and future interests created by the resident’s deed, and what is the current state of title?

Question from Lisa, What are the possessory and future interests created by the resident’s deed, and what is the current state of title?

Answer from AI:

Possessory and Future Interests

The language of the will creates several legal interests in the property.

• Favorite Child’s Possessory Interest: The favorite child was given a “fee simple determinable.” This is a type of ownership where the person holds the property “so long as” a certain condition is met—in this case, apples being grown on the property.
• Other Child’s Future Interest: The other child was given a “possibility of reverter.” This means that if the condition (apples being grown) ceases to be met, the property automatically reverts to them.

Current State of Title

When the favorite child decided to convert the orchard into a winery and cut down all the apple trees, they violated the condition of their fee simple determinable. As a result, the property would automatically revert to the other child, due to their possibility of reverter.

However, the exact outcome could depend on the specific laws and court interpretations in the relevant jurisdiction. For example, some courts might consider whether the change was necessary due to the competing apple orchard, or whether grapes could be considered a similar type of fruit crop.

Legal Advice

This is a complex area of property law, and the specific facts and laws of your jurisdiction could significantly impact the outcome. Therefore, it’s recommended that you consult with a legal professional for personalized advice.

For more information on property law and the different types of legal interests, you can refer to the Legal Information Institute’s guide on Property Law.