California Real Estate SalespersonProperty Ownership and Land Use ControlsEasy
A deed reads, 'I hereby convey Blackacre to John Smith and his heirs,' with no other conditions or limitations stated. What estate does John Smith receive?
- ALife estate
- BFee simple determinable
- CFee simple absolute
- DEstate for years
Show answer & explanationAnswer & explanation
Correct answer: C. Fee simple absolute
Language granting property to a person 'and his heirs' with no conditions creates the largest, most complete estate recognized by law — a fee simple absolute, which is of unlimited duration and freely inheritable and transferable.
Why the other options are wrong
- A. A life estate requires language tied to a person's lifetime, not present here.
- B. Determinable estates require limiting language like 'so long as,' which is absent here.
- D. An estate for years is a leasehold, not a freehold conveyed by deed language like this.
Fee Simple Absolute
The highest form of ownership, granting unlimited duration and full rights of use, transfer, and inheritance with no conditions attached.
- Largest estate recognized in real property law
- Freely inheritable and transferable
- No conditions or limitations restrict the owner's rights
Memory trick: 'Absolute' means no strings attached — total ownership forever.