Interests & Estates Flashcards
Interests - Possession
Estate
Interests - Non-possession
Encumbrance; public interest
Estates - Freehold Fee Simple Absolute/Fee Simple
Gives the owner the greatest interest possible. A “fee” is a vested, inheritable, present possessory interest in land
Estates - Freehold - Defeasible
Legal term, type of property ownership, where the ownership is dependent on specific conditions. If the conditions of ownership are violated, the property may be returned to the grantor or to a specified third party.
Estates - Freehold - Life Estate
Ownership of land for the duration of a person’s life; (reversion) ownership reverts to the original owner; (remainder) passes to another person
Freehold Conventional Life Estate
Limited to lifetime of life tenant or named party; pur autre vie, limited to lifetime of another; remainderman or previous owner
Legal Life Estate
Created by operation of state law as opposed to a property owner’s agreement
designed to protect family survivors
homestead
Homestead
Rights to one’s person’s principal residence
Laws protect homestead from creditors
Family must occupy the homestead
Cannot be conveyed by one spouse
Endures over life of head of household
Interests extinguished if property is destroyed