Jordan grants a piece of land to Alex "as long as the property is used for agricultural purposes." Five years later, Alex sells the land to Taylor, who begins developing it for commercial use. Upon breach of the condition, what present possessory estate does Jordan hold?
When Jordan conveyed the land, Alex received a fee simple determinable, and Jordan retained a possibility of reverter. Durational language such as "as long as" triggers automatic termination of the grantee's estate if the stated use ceases. Once Taylor uses the land for commercial purposes, the condition is broken, the determinable estate ends automatically, and the possibility of reverter becomes possessory. Jordan therefore acquires a fee simple absolute. A fee simple determinable describes Alex's former estate, not the estate Jordan holds after reversion. A fee simple subject to condition subsequent would have required Jordan to take affirmative steps to reclaim the property, which is not the case here. A life estate is inapplicable.
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Multistate Bar Examination
Real Property
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