Present Possessory Estates Flashcards

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1
Q

Present Estates

A
  1. Fee
  2. Life
  3. Term
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2
Q

Types of freehold estates

A
  1. Fee simple absolute
  2. Defeasible estate
  3. Fee tail
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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
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4
Q

Defeasible Estate

A

A fee simple that can terminate upon the happening of some occurence

  1. Fee Simple Determinable (created by durational language)
  2. Fee Simple Subject to a Condition Subsequent (created by conditional language)
  3. Fee Simple Subject to Executory Interest (durational OR conditional language)
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5
Q

Fee Tail

A

Treat as fee simple absolute

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6
Q

Life Estate

A

Lasts for the duration of grantee’s life

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7
Q

Life Estate pur autre vie

A

Life estate that lasts for duration of someone else other than grantee’s life

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8
Q

Term Estate

A

“A to B for 50 years”

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