Types Of estates Flashcards
When someone holds a possessory interest in real property,
The hold an estate
Defeasible Estates Determinable
it’s already been determined that it will revert to the previous owner if deed conditions are violated.
Does not require court to determine
fee simple condition subsequent
,there are conditions on whether or not it will revert. Those conditions are that the previous owner has to take the current owner to court. You can also think condition subsequent = c. s. = court to sue.
3 conditions to quality for Homestead
A person’s primary residence
No bigger than 0.5 acres in a city or 160 acres outside of a city
Located in Florida
pur autre vie life estate
a life estate in which the measuring life is someone other than the tenant.
So for example, it could be life of the grantor, or the life of a person the tenant is taking care of. When the measuring life ends, the estate is returned to the original grantor
Also called “fee simple absolute” or “fee title” ?
Fee simple estate
Defeasible Estates condition subsequent
estate with a condition attached to it that could cause
it to revert to the grantor
• Condition runs with the land (stays with property even if it changes hands)
• Can change hands when a condition is violated
Must be proven in a court of law
Life estate - CONVENTIONAL
- Created by individual property owners
- Pur autre vie
- Ordinarnary
Life estate - LEGAL
They are Created by law
- Dower/curtesy
- Elective share
- Homestead laws