Capitulo 2 Flashcards
When real property is purchased, in addition to the physical property, rights of ownership are
conveyed with the deed. Sometimes called the “bundle of sticks”) contains 11 property rights
The Bundle of Rights
A defeasible fee has some condition or covenant involved that limits the extent of one’s ownership. This is also an inheritable estate.
Fee Simple Qualified or Defeasible
Fee Simple Determinable AND Fee Simple with a Condition Subsequent.
2 FORMS OF: Fee Simple Qualified or Defeasible
If an individual has a freehold interest, he has an ownership interest in the property, but may or
may not own it free and clear. The word ownership is a synonym for the word freehold. There are
various forms of freehold interests
Freehold (Ownership) Estates
This is the most complete form of ownership an individual can hold under the law.
A fee simple estate is inheritable.
Fee Simple:
- Fee Estate
2. Fee Simple Absolute
Fee Simple is also known as:
The life estate is based on the life of someone other than the holder of the life estate. For instance, Abel sells his life estate to Charles. Charles is the holders of the life estate pur autre vie. That is, Charles holds the life
estate, but the extent of his ownership of the life estate is based on Abel’s life. A life estate
pur autre´ vie is inheritable as long as the person on whose life it is based is still alive.
Life Estate Pur Autre´ Vie (on another’s life)
The right of an owner or lessee to uninterrupted legal use of the property
without interference or undue disturbance caused by defective title.
Quiet Enjoyment
the final “ ____” WHO will hold the
property fee simple.
Remainderman
The fee simple owner conveys to the grantee the right to use a property as though the
grantee owned it, so long as the grantee lives. The grantor has the right of reversion, and
is a remainderman unless it has been specified that the final remainderman will hold the
property fee simple.
EXPLAIN REVERSION AND REMAINDERMAN
to sell, lease, or encumber his interest in the
property (the life estate), but cannot will it.
The holder of the life estate has the right :
collateral on a loan if all the parties (grantor, grantee, lender) agree and consent to the lender receiving the property fee simple upon default.
A life estate can be used as :
a life estate can be mortgaged, but the reversion/remainder rights will be
lost and the property will be foreclosed on by the lender who will then receive the property in fee
simple.
commit “waste.”
In other words, he cannot damage or neglect the property and thereby diminish its value
for when it is passed on to the remainderman.
The life estate holder cannot:
a. A basic life estate can be conveyed, sold, or gifted, but not inherited. If the life estate holder sells the life estate, the new owner owns the life estate pur autre’
vie. b. A life estate pur autre’ vie can be conveyed, sold, gifted, or inherited as long as the governing life is still alive. c. Unless a remainderman is created by the grantor, the grantor holds a reversionary interest, which can be inherited if the grantor pre-deceases the governing life.
Life Estate Pur Autre´ Vie (on another’s life) RULES