Present Possessory Estates Flashcards

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1
Q

Types of Freehold Estates ***

A
  1. Fee Simple Absolute
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2
Q

Fee Simple Absolute

A

May last forever, freely alienable, devisable, and descendible.
Devisees take by will, heirs by intestacy, and grantees by inter vivos.
“to A and his heirs” “to A”

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3
Q

Defeasible Estates and types ***

A

An estate that may terminate upon some happening or event before its maximum duration has run.

  1. Fee simple determinable
  2. fee simple subject to a condition subsequent
  3. fee simple subject to executory interest
  4. fee tail
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4
Q

Fee Simple Determinable

A

Created by durational language “for so long as, during, while, until”.
Terminated automatically on happening of named future event. Estate returns to grantor.

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5
Q

Fee Simple Subject to Condition Subsequent

A

Created by conditional language to occurrence of a condition that will terminated estate.
Power of termination MUST be expressly reserved to grantor. If not stated, its a fee simple absolute.

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6
Q

Fee Simple Subject to Executory Interest

A

Created by either durational or conditional language. Termination occurs on happening of an event that terminates the estate, property passes to someone other than grantor.

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7
Q

Fee Tail

A

Modern: fee tails are disfavored and treated typically as fee simple absolutes.
CL: an estate that descended to grantee’s children only.

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8
Q

Life Estate***

A

Last for duration of grantees life.

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9
Q

Life estate pur autre vie

A

duration of estate is measured by the life of someone other than the grantee. Can be made defeasible.

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10
Q

Non-Freehold Estate

A

Term estate

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11
Q

Term estate

A

estate that is limited in duration (basically a LL-t r)

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