Possessory Estates Flashcards
Estate
Think about the land as having an existence
Fee simple absolute
Estate in land may last forever
Fee simple future estate
Does not exist, no reversion
Fee simple determinative
“So long as…” ends automatically when the stated event happens
Possibility of reverter
Future interest for a fee simple determinative, property goes back to the original owner
Executory interest
Future interest for a fee simple determinative, property is passed to a transferee
Fee simple subject to condition subsequent
Does not automatically terminate but may be cut short at the time of the transferor’s choice when a stated condition happens - affirmative action is needed
Right of entry
Future interest for a fee simple subject to condition subsequent, property goes back to the original owner
Executory interest
Future interest for a fee simple subject to condition subsequent, the property passes to the transferee
Life estate
Estate in land for the life of a person
Reversion
Future interest for a life estate and term of years - property goes to a transferor
Remainder
Future interest for a life estate and term of years - property goes to a transferee
Per autre vie
For the rest of the life of another
Term of years
Estate in land for some period of time that is measured by a calendar
Fee tail specifics
Can be created only in 3 or 4 states and can be destroyed