Estates

Question 1

Possession

Answer 1

• the general DOMINION and CONTROL of land
• OCCUPYING the land and making USE of it
• EXCLUDING other from it

Question 2

Estate

Answer 2

An interest in land that gives the owner a right to 
POSSESS the land
IMMEDIATELY,
IN THE FUTURE, or 
POTENTIALLY in the FUTURE

Question 3

Incorporeal interest

Answer 3

Interest with “no body”
aka
NO POSSESSION
ex easements or right-of-ways

Question 4

Tenant

Answer 4

One with a right to PRESENT POSSESSION

Question 5

Fee Simple Absolute

Answer 5

the GREATEST possible estate in terms of POTENTIAL DURATION

• an estate of INHERITANCE –> owners “heirs” upon death
• created by the words “and his heirs”

Question 6

Heir

Answer 6

Designated by law

“Inherits” interest in land by descent

Question 7

Devisee

Answer 7

Designated by terms of will
“Devises” interest in land
- cuts off GRANTOR’S heirs from the devised interest

Question 8

Deed

Answer 8

conveys ownership by GRANTOR to GRANTEE

- cuts off GRANTOR’S heirs from the conveyed interest

Question 9

Words of conveyance

Answer 9

objectively manifested intent

Question 10

Escheat to the state

Answer 10

when an fee simple absolute holder dies without will or heirs

Question 11

reversion

Answer 11

future interest retained by the TRANSFEROR of less-than-fee-simple estates

Question 12

fee tail

Answer 12

an “estate of inheritance”
“descends” to the owner’s HEIRS
- created by the words “and the heirs of his body”
Can only be inherited by LINEAL descendants (issues)
- GRANTOR of fee tail retains a reversion
- fee tail special (ex. and the female heirs of his body”

Question 13

Issues

Answer 13

Lineal descendants

children, grandchildren, etc

Question 14

Collateral heirs

Answer 14

cousins, siblings

Question 15

Life estate

Answer 15

• created by the words “to A for life”

NOT an estate of inheritance

Question 16

Life estate pur autre vie

Answer 16

Life estate in A for the life of B

Question 17

Remainder

Answer 17

Future interest in SOMEONE OTHER than the grantor/transferor

Question 18

Term of Years

Answer 18

an estate that is limited to end on or before a DEFINITE DATE

Question 19

Freehold estates

Answer 19

Fee Simple Absolute
Fee Tail
Life Estate
Deeds 
Grantor/Transferor
Grantee/Transferee

Question 20

Non-freehold estates

Answer 20

Term of Years
Periodic Tenancy
Tenancy at will
Leases
Landlord/Lessor
Tenant/Lessee

Question 21

Assignment

Answer 21

Transfer by a lessee of his/her ENTIRE estate (in terms of duration), without retaining a reversion

• assignor does NOT become the landlord of the assignee
• assignee “takes the place” of the assignor in the original landlord/tenant relationship
• assignee becomes the tenant of the ORIGINAL landlord

Question 22

Sublease

Answer 22

Transfer by a lessee of LESS than his/her entire estate (in terms of duration), so the lessee DOES retain a reversion
- sublessor becomes the landlord of the subtenant.

Question 23

Demise

Answer 23

Lessee takes possession from leasor

Question 24

Tenancy at will

Answer 24

• essentially “indefinite” duration
• terminable by either landlord or tenant, with sufficient notice
• terminates on the death of either party
• can be created “inadvertently” when a lease for an agreed duration is unenforceable due to Statute of Frauds

Question 25

periodic tenancy

Answer 25

• essentially “indefinite” duration
• terminable by either landlord or tenant, with sufficient notice
• generally continues from “period” to “period”
• keeps going until one of the parties (landlord or tenant) decides to terminate it at the END of a “period.”
• The period is usually a WEEK, a MONTH, or a YEAR

Question 26

Period tenancy creation by implication

Answer 26

When a tenant takes possession, and:

• the tenant’s estate has “no designated period of duration”
• • and –
• rent is reserved by the landlord on a periodic basis