2. Freehold Estates (2) kinds of freehold rights in realty Flashcards
FEE SIMPLE (2) types - can will it
Absolute … Determinable
Fee Simple … ABSOLUTE - can will it
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
Fee Simple … DETERMINABLE - can will it
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
LIFE ESTATES (2) types - cannot will
Ordinary … Legal
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:
i. REVERSIONARY INTEREST
ii. PUR AUTRE VIE REVERSIONARY INTERST
iii. REMAINDER INTEREST
iv. PUR AUTRE VIE REMAINDER INTEREST
Life Estates … Ordinary - i. REVERSIONARY INTEREST
GRANTOR or heirs get realty back when GRANTEE dies
Life Estates … Ordinary - ii. PUR AUTRE VIE REVERSIONARY INTERST
GRANTOR or heirs get realty back if party named other than
GRANTEE dies
Life Estates … Ordinary - iii. REMAINDER INTEREST
When the GRANTEE dies, the third named receives a
fee absolute or defeasible estate
Life Estate … Ordinary -
iv. PUR AUTRE VIE REMAINDER INTEREST
When the person other than the GRANTEE dies, the
third party named other than the GRANTOR gets a fee
absolute or defeasible estate
Life Estates … LEGAL (3) groups - cannot will
Dower … Curtesy … Homestead
Life Estates … Legal - DOWER
Wife’s right to realty in a non-community property state
Life Estates … Legal - HOMESTEAD
An owner of realty who is an owner occupant
protected from involuntary debts in some states
Life Estates … Legal - CURTESY
Husband’s right to realty in a non-community prop state