2. Freehold Estates (2) kinds of freehold rights in realty Flashcards

1
Q

FEE SIMPLE (2) types - can will it

A

Absolute … Determinable

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2
Q

Fee Simple … ABSOLUTE - can will it

A

ABSOLUTE
the highest form of ownership - can do everything except government restrictions

DETERMINABLE
1. Condition subsequent
2. Condition precedent
>characterized by the phrase “so long as”
>continues until an event should or should not occur
>if the event occurs contrary to stated, the estate is lost
>sometimes referred to as Base, Qualified, or Defeasible
>can do everything except government and social restrictions

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3
Q

Fee Simple … DETERMINABLE - can will it

A

DETERMINABLE
1. Condition subsequent
2. Condition precedent
>characterized by the phrase “so long as”
>continues until an event should or should not occur
>if the event occurs contrary to stated, the estate is lost
>sometimes referred to as Base, Qualified, or Defeasible
>can do everything except government and social restrictions

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4
Q

LIFE ESTATES (2) types - cannot will

A

Ordinary … Legal

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5
Q

Life Estates … ORDINARY
four (4) groups - all four (4) ordinary life estates cancel the life estates owner’s rights and leases upon death of GRANTEE or other named party:

A

i. REVERSIONARY INTEREST
ii. PUR AUTRE VIE REVERSIONARY INTERST
iii. REMAINDER INTEREST
iv. PUR AUTRE VIE REMAINDER INTEREST

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6
Q

Life Estates … Ordinary - i. REVERSIONARY INTEREST

A

GRANTOR or heirs get realty back when GRANTEE dies

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7
Q

Life Estates … Ordinary - ii. PUR AUTRE VIE REVERSIONARY INTERST

A

GRANTOR or heirs get realty back if party named other than

GRANTEE dies

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8
Q

Life Estates … Ordinary - iii. REMAINDER INTEREST

A

When the GRANTEE dies, the third named receives a

fee absolute or defeasible estate

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9
Q

Life Estate … Ordinary -

iv. PUR AUTRE VIE REMAINDER INTEREST

A

When the person other than the GRANTEE dies, the
third party named other than the GRANTOR gets a fee
absolute or defeasible estate

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14
Q

Life Estates … LEGAL (3) groups - cannot will

A

Dower … Curtesy … Homestead

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15
Q

Life Estates … Legal - DOWER

A

Wife’s right to realty in a non-community property state

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17
Q

Life Estates … Legal - HOMESTEAD

A

An owner of realty who is an owner occupant

protected from involuntary debts in some states

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19
Q

Life Estates … Legal - CURTESY

A

Husband’s right to realty in a non-community prop state

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