Which statement is true about automatic retention by the grantor of future interests?

Prepare for the Themis MBE Real Property Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your test!

Multiple Choice

Which statement is true about automatic retention by the grantor of future interests?

Explanation:
When a grantor conveys something less than the full ownership, the grantor automatically keeps a future interest unless the transfer creates a different arrangement. If the grantor gives a life estate or a term of years and nothing else is named to continue after that estate, the grantor holds a reversion automatically—the property returns to the grantor when the life estate ends or the term expires (absent a remainder to someone else). For a fee simple determinable, the grantor automatically retains a different kind of future interest: the possibility of reverter. The property automatically comes back to the grantor if the specified condition breaks, without any extra conveyance needed. Not every future-interest retention works the same way. The right of entry (power of termination) is not automatically retained in all transfers; it exists when the grantor reserves it in a transfer of a fee simple subject to a condition subsequent. And some statements are too narrow or too broad: reversion isn’t limited to fee simple determinable, it can occur with life estates or terms of years; and the possibility of reverter isn’t a feature of all future interests, only those tied to a determinable estate. So the statement that a reversion is automatically retained with a life estate or term, and a possibility of reverter is automatically retained with a fee simple determinable, is the accurate description of automatic grantor retention.

When a grantor conveys something less than the full ownership, the grantor automatically keeps a future interest unless the transfer creates a different arrangement. If the grantor gives a life estate or a term of years and nothing else is named to continue after that estate, the grantor holds a reversion automatically—the property returns to the grantor when the life estate ends or the term expires (absent a remainder to someone else).

For a fee simple determinable, the grantor automatically retains a different kind of future interest: the possibility of reverter. The property automatically comes back to the grantor if the specified condition breaks, without any extra conveyance needed.

Not every future-interest retention works the same way. The right of entry (power of termination) is not automatically retained in all transfers; it exists when the grantor reserves it in a transfer of a fee simple subject to a condition subsequent. And some statements are too narrow or too broad: reversion isn’t limited to fee simple determinable, it can occur with life estates or terms of years; and the possibility of reverter isn’t a feature of all future interests, only those tied to a determinable estate.

So the statement that a reversion is automatically retained with a life estate or term, and a possibility of reverter is automatically retained with a fee simple determinable, is the accurate description of automatic grantor retention.

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