Present Possessory Estates Flashcards
1
Q
Present Estates
A
- Fee
- Life
- Term
2
Q
Types of freehold estates
A
- Fee simple absolute
- Defeasible estate
- Fee tail
3
Q
How is a fee simple absolute created?
A
Common law
- need specific language: “To A and her heirs”
Under moder law
- Conveyances are presumed to be in fee, unless otherwise stated
4
Q
Defeasible Estate
A
A fee simple that can terminate upon the happening of some occurence
- Fee Simple Determinable (created by durational language)
- Fee Simple Subject to a Condition Subsequent (created by conditional language)
- Fee Simple Subject to Executory Interest (durational OR conditional language)
5
Q
Fee Tail
A
Treat as fee simple absolute
6
Q
Life Estate
A
Lasts for the duration of grantee’s life
7
Q
Life Estate pur autre vie
A
Life estate that lasts for duration of someone else other than grantee’s life
8
Q
Term Estate
A
“A to B for 50 years”