O conveys Blackacre "to Anna, but if Anna uses the property for commercial purposes, then to Ben." Which of the following best describes the estate that Anna receives?
Anna holds a fee simple subject to an executory limitation. The grant includes conditional language ("but if") followed by a future interest in a third party (Ben). Upon the stated condition's occurrence, title automatically shifts to Ben. Because the future interest is in someone other than the grantor, the estate cannot be a fee simple determinable (which would leave a possibility of reverter in the grantor) or a fee simple subject to a condition subsequent (which would leave a right of entry in the grantor). It is also not a fee simple absolute because it is defeasible.
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What is the difference between a fee simple determinable and a fee simple subject to an executory limitation?
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What is an executory interest in property law?
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Why is precise language important in property conveyance?