Chapter 8 Flashcards
What is Fee Simple Absolute?
The most complete form of property ownership; includes full rights to use, sell, lease, or transfer property without conditions; lasts indefinitely.
Example: “A to B in fee simple.” B owns everything, forever.
What deed language indicates Fee Simple Absolute?
Phrases such as “A to B in fee simple,” “A to B and his heirs,” or “A to B forever.” indicate full ownership with no conditions.
What is Fee Simple Defeasible?
An estate in land that can be lost if a specified condition occurs; ownership is conditional.
Example: “A to B so long as it’s used as a park.” If it stops being used as a park, B loses it.
What is Possibility of Reverter?
A future interest retained by the original grantor in a fee simple defeasible estate if the condition is broken.
Example: If B uses the land for something other than a park, ownership reverts back to A.
What is a Contingent Remainder?
A future interest that passes to a third party if a condition in the estate is violated.
Example: “A to B so long as used as a park, then to C.” C gets the property if the park use ends.
What is a Life Estate?
An ownership interest that lasts for the lifetime of a specified individual and then ends.
Example: “A to B for life.” B has rights during their lifetime only.
What is Reversion?
A future interest retained by the grantor when a life estate ends and there is no remainder beneficiary.
Example: “A to B for life.” When B dies, the property returns to A.
What is a Vested Remainder?
A future interest given to a third party that is guaranteed to take effect upon the end of a life estate.
Example: “A to B for life, then to C.” C will definitely receive the property when B dies.
What is Tenancy in Common?
Co-ownership of property where each party owns an undivided interest; shares pass to heirs upon death.
Example: “A to B and C, and their heirs.” If B dies, B’s heirs inherit their share.
What is Joint Tenancy with Right of Survivorship (JTWRS)?
Co-ownership where the surviving owner automatically inherits the decedent’s interest without probate.
Example: “A to B and C, as joint tenants with rights of survivorship.” If B dies, C gets full ownership immediately.
What is an easement?
A legal right to use or restrict use of another person’s land; runs with the land and applies to future owners.
Example: A utility company has the right to maintain lines across private property.
What is a positive easement?
A right to affirmatively use another’s land for a specific purpose.
Example: A has a positive easement to use B’s driveway for access to the road.
What is a negative easement?
A restriction preventing the landowner from using their land in a certain way.
Example: An easement prohibiting B from building a wall that blocks A’s sunlight.
What is an express grant?
An easement created when a landowner grants someone rights in a deed over the servient estate.
Example: “B grants to A an easement for a 10x50 foot path on Parcel 1.”
What is a servient estate?
The land burdened by the easement — the land being used or restricted.
Example: Parcel 1 is the servient estate if A uses part of it for a driveway.
What is a dominant estate?
The land benefiting from the easement — its owner gets the right to use another’s land.
Example: Parcel 2 is dominant if its owner uses Parcel 1’s driveway.
What is an express reservation?
An easement retained by the grantor when they sell the land, written into the deed.
Example: “A grants Parcel 1 to B, reserving a driveway easement for A.”
What is a prescriptive easement?
An easement acquired through long-term unauthorized use under specific conditions: actual, open, hostile, exclusive, and continuous for 21 years in Ohio.
Example: A uses B’s path without permission for 21 years and may gain legal rights to continue using it.
