The language in a deed states that the property is given for the purpose of using it to further religious education. This language is precatory and does not create a defeasible fee. This typically creates which interest?

The language in a deed states that the property is given for the purpose of using it to further religious education. This language is precatory and does not create a defeasible fee. This typically creates which interest?

• A. It Creates A Charitable Trust
• B. It Creates A Defeasible Fee Simple
• C. It Creates A Fee Simple Absolute
• D. It Creates A License

Answer: (C)

Precatory language — expressing a wish or request rather than a binding condition — does not create a defeasible fee. Here, stating that the property is given for the purpose of using it to further religious education is a desire about how the grantee should use the land, not a condition that would defeat the grant if not followed. Because there’s no enforceable condition, the grantee takes the property in fee simple absolute. This isn’t a charitable trust, since there’s no separate trustee or enforceable trust arrangement enforcing the charitable purpose; the grantor hasn’t set up a fiduciary holding for the public benefit. And it isn’t a license, which would be a revocable right to use the land rather than ownership. The lack of an actual condition that would terminate or restrict ownership means the interest remains a complete, unconditional ownership in the grantee.

Precatory language — expressing a wish or request rather than a binding condition — does not create a defeasible fee. Here, stating that the property is given for the purpose of using it to further religious education is a desire about how the grantee should use the land, not a condition that would defeat the grant if not followed. Because there’s no enforceable condition, the grantee takes the property in fee simple absolute.

This isn’t a charitable trust, since there’s no separate trustee or enforceable trust arrangement enforcing the charitable purpose; the grantor hasn’t set up a fiduciary holding for the public benefit. And it isn’t a license, which would be a revocable right to use the land rather than ownership. The lack of an actual condition that would terminate or restrict ownership means the interest remains a complete, unconditional ownership in the grantee.