DOCTRINE OF ESTATES Flashcards
What are the types of estate?
- Estates of freehold including: Fee simple, Fee tail, Estate for life
- Leasehold
What are the characteristics of an estate?
- It has a defined duration
2. It confers a right to possession of the land either at once or in the future.
How is a fee simple created?
Under s19 of the PLA
It is an interest in land, one of inheritance which can pass to the heir and is for an unlimited time.
What is the position of Fee Tail in Queensland?
S19 of the PLA abolishes Fee Tail in Queensland.
S22 indicates, where there is an intention to create a fee tail, it is converted to a fee simple
What is a life estate?
This is a grant of an estate to someone for their life.
This can be created under s19 PLA
Do words of limitation matter in Queensland in terms of creation of the freehold estates?
s29 PLA indicates the correct words of limitation no longer need to be used as long as the grant SHOWS AN INTENTION, the whole estate will pass unless there is contrary intention.
What sort of modifications can there be to a fee simple?
- A determinable fee simple
2. A conditional fee simple
What is a determianble fee simple?
The duration of the estate is defined by reference to an event (which must not be bound to occur, but has the possibility of occuring).
What rights does the grantor have in a determinable Fee simple?
The possibility of a reverter.
Upon the happening of a determining event, the estate reverts back to the grantor
What if the determining event is void?
The whole estate fails
What is a conditional Fee simple?
The estate is absolute, but it is subject to defeat if a condition is satisfied/fulfilled.
What happens if the condition is breached?
The grantor has a right to re-entry. This right must be exercised, the grantor does not automatically go into repossession.
What is the time limit for when the right of re-entry can be exercised?
Pursuant to s13 of the Statute of Limitations Act: 12 years.
Is the right or re-entry divisible?
Yes, pursuant to s7(2) of the Succession Act, it can be devised to executors
What happens if the condition is void?
The estate becomes an unconditional fee simple, the condition is removed.
