A landowner conveyed property "to Jay and his heirs for so long as the property is used for agricultural purposes." Several years later, Jay stopped using the property for agriculture and allowed it to be used as a commercial parking lot. Which of the following describes the interest held by the landowner after the conveyance and Jay's conduct?
This question tests the understanding of defeasible fees, particularly a fee simple determinable. The landowner conveyed the property with a condition attached: the usage for agricultural purposes. A fee simple determinable automatically ends when the specified condition is violated, and the property reverts to the grantor (landowner in this case). Therefore, the landowner retains a possibility of reverter, which matures into full ownership when Jay ceases using the property for agricultural purposes. Other answers describe interests that apply to different circumstances: a right of entry applies to conditions subsequent (which require the grantor to act), and a remainder is traditionally held by third parties, not the grantor.
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Multistate Bar Examination
Real Property
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