The first estates and interests

I. O grants "to A for life, then to B and her heirs."

What is A's estate? alife estate or a fee simple absolute

What is B's estate? a life estate or a fee simple absolute Obviously, both A and B will not be on the land together. A's interest is a present interest and possessory. B's interest is a future interest called a remainder. Remainders are called remainders because they are a future interest that "remain" out from the grantor. Remainders are future interests: future interests are owned immediately (and can often be sold) but are not now possessory.

When the conveyance specified "to B and her heirs," what do the heirs receive?

Seisin is "lawful possession of a free tenement." "Free tenements" are those estates held at common law (you do not understand this yet) at least for life (thus life estates and fees, but not terms of years however long). At the moment the grant is effective, who has seisin: O, A, or B? Note that, since seisin has to do with possession of a free tenement, only one interest can be seised at a time.

When A dies, what happens?

II. O grants to A and the heirs of her body legitimately procreated What does A have?

III. O grants to A for life, then to B for life, then to C and his heirs

Note that O can pile remainders on one after the other until O conveys a fee simple. There is nothing analytically different between the interest in B and the interest in C: they are both remainders, even though B's remainder is in a life estate and C's remainder is in a fee simple absolute.

IV. O grants to A for 99 years. Who is seised?

V. O grants to A for 99 years, then to B and her heirs. Who is seised?

By this point, you should be familiar with the fee simple absolute, the fee tail, the fee simple conditional, the life estate, and the leasehold and with seisin. Now we move to consider two additional kinds of fees simple besides the fee simple absolute.

VI. O grants to A and her heirs as long as the land is used for agricultural purposes. This conveyance gives A

VII. O grants to A and his heirs, but if the land is used for other than agricultural purposes, then O may re-enter and resume her prior estate. What does A have?