Creden follows all procedural steps in conveying his property to Adam. However, the deed does not state what type of interest is transferred to Adam. Adam claims he has a fee simple absolute, but Creden says it is a life estate because they agreed that he could only have it until he died? What type of estate does Adam own?
A) Fee simple absolute, if that was what Creden had owned.
B) A conditional estate, since there is a discrepancy.
C) A life estate, if that is what they agreed upon.
D) Fee simple absolute is presumed, since the deed does not state otherwise.
E) Either a fee simple absolute or a life estate.

Question

Quizplus · Accepted Answer

In real estate law, when a deed does not specify the type of interest being transferred, it is presumed that the grantee (in this case, Adam) receives a fee simple absolute. This is the most complete interest one can have in property, allowing the owner to possess, use, and dispose of the property as they see fit, indefinitely. The presumption is based on the principle that, in the absence of explicit limitations, the law favors the free transferability of property.

Creden Follows All Procedural Steps in Conveying His Property to Adam