Real Property Ownership Flashcards
“Free” for whatever life the interest owner has, or by some other measure of time or duration. “Free” means no one can invade or challenge that interest for any reason during the duration.
Freehold estate
A freehold estate without limitation or restriction and without a designated duration other than the life of the vested owner. The most extensive interest in real property possibly possessed and controlled by the individual owner, heirs, and assignees forever without limitation or condition.
Fee simple absolute
An estate that continues until the occurrence of a specified event or circumstance. Upon its occurrence, the estate will cease and terminate automatically with ownership rights reverting to the original grantors.
Fee simple determinable
Freehold estate which lays out conditions that allow the possibility of a grantor re-entry.
Fee simple subject to a condition subsequent
An estate of which the owner holds title only for the duration of a designated person’s life.
Life estate
A life estate that lasts for the life of another person, rather than the owner’s life.
Per autre vie
When the freehold estate limits the transfer of the estate to both the present owner and the owner’s or others’ issues or heirs. If the original owners die without heirs, the estate terminates.
Estate in fee tail
An estate in which the time of its end is known, certain and definite. Ex. - one month or five years.
Estate for years
An informal lease arrangement where the landlord allows a tenant to stay on a month-to-month basis.
Estate at will
When tenants stay beyond either the month-to-month period or beyond an exact term of years.
Estate at sufferance
Types include joint tenancy, tenancy by the entireties, and tenants in common.
Concurrent ownership
To own concurrently, or jointly, one must have this with another party or parties.
Unity of purpose or interest
A type of joint ownership where a decedent’s interest in the property DOES pass to their heirs upon their death.
Tenants in common
A type of joint ownership where a decedent’s interest in the property DOES NOT pass to their heirs upon their death, but rather to the other joint tenants.
Joint tenants
Husband and wife likely receive the realty interest at the same time, with the same deed, and by law, own and possess the property in the same manner.
Tenancy by the entireties