Estates Terminology Flashcards
Freehold Estates
have seisin
1) Fee Simple
2) Fee Tail Only transfers to the heirs of the body
3) Life Estate
Non-Freehold Estates
do not have seisin
1) Estate for Years
2) Periodic Estate
3) Estate at Will
4) Estate at Sufferance
Chain of Title
The sequential links between the various owners of a parcel of land.
Devise
Bequest in a will
“Inter vivos”
Between living people
Intestate
To die without a will
“Without Issue”
No kids, grandkids, great grandkids
Kinds of Present Possessory Interest
Fee simple Fee tail Life estate Life estate pur autre vie Fee simple determinable Fee simple on condition subsequent Fee simple on executory limitation
Kinds of Future Interest
Reversion
Possibility of reverter
Right of entry / power of determination
Remainder
Kinds of Remainders
Vested remainder Vested remainder subject to open Vested remainder subject to total divestment Contingent remainder Alternative contingent remainder
Fee Simple Absolute
Words needed: and her heirs
1) Alienable
2) Inheritable
3) Devisable, after the Statute of Wills (1540)
Fee Tail
Words needed: “of his body”
1) Not freely alienable
2) Inheritable in modified way
3) Not devisable
* CAN EXPIRE IF LINE DIES OUT
Life Estate
Words needed: “for life”; “for the life of”
1) Alienable
2) Not inheritable *
3) Not devisable *
* Except for the life estate pur autre vie.
Pur Autre Vie
Life estate for a term of the life of another person.
Termination
An estate for life terminates at the natural death of the person.
Estovers
A tenant for life has right to take reasonable estovers: wood, timber necessary for building, burning, plough and fencing but not to sell. Principle is that he’s entitled to nothing more than what is necessary for the temporary enjoyment of the estate.
Emblements
On death of the tenant for life, his representatives are entitled to his emblements not yet severed from the land, that is the annual crops and immediate fruits of his labor, not the grass and fruits.
Alienation
A tenant for life, unless the contrary be stipulated, has the power of disposing of his entire estate.
Fee Simple Determinable
Words needed: “so long as”; “until”; “while” (statement of the motive is not a condition)
1) Possession is Conditional
2) Estate is indefinitely inheritable
3) Freely alienable
4) Devisable.
5) Possibility of Reverter (Automatic)
Fee Simple on Condition Subsequent
Words Needed: “but if_then”; “provided that”; “on condition”
1) Possession is Conditional
2) Estate is indefinitely inheritable
3) Freely alienable
4) Devisable
5) Right of Entry (power of termination)
Fee Simple on Executory Limitation (Post 1560)
EX: “O to A and his heirs, but if B returns from Rome, then to B and his heirs.”
1) Inheritable
2) Alienable
3) Devisable
Reversion
When O conveys an expirable estate, i.e., a fee tail or life estate. Is alienable and inheritable.
Possibility of Reverter
When O conveys a fee simple determinable. Isn’t alienable by gift or sale (possibly divisible by will), but is inheritable.
Right of Entry
When O conveys a fee simple on condition subsequent. Isn’t alienable, but is inheritable.
Rules for Remainders
1) Only expirable estates could be followed by a future interest in a grantee.
2) The future interest created in B must be capable of taking effect immediately upon the expiration of the preceding estate.
3) The future interest created in B must not take effect before the expiration of the preceding estate.
Vested Remainder
X is a person born and ascertainable
* Alienable, devisable, inheritable
