Ownership Flashcards
(16 cards)
Fee Simple Absolute
100% ownership of the property. Aka since forever.
Life Estate
Rights and control for life
Cannot commit waste
“O to A for life” - must pay interest and taxes
Reversion
Interest goes back to the grantor
Remainder
“Then to”
The interest that comes after the life estate
Vested Remainder
Automatic transfer
Contigent Remainder
Subject to an event
Vested Remainder Subject to Total Divestment
If a person’s interest can be wiped out
Fee Simple Determinable
“So long as”
“As long”
There is a possibility of reverter
Possibility of Reverter
Automatically reverses to Grantor if you stop doing what you’re supposed to do.
Fee Simple to Condition Subsequent
If a future event occurs the grantor has a right of re-entry
“But if”
Right of Re-Entry
Grantor has to do something to reclaim the property
Joint Tenancy
Right of survivorship
Trumps a will
Can convey without notice but it does sever it to a tenancy in common
Tenants in Common
Undivided interest
No right of survivorship
Heirs get it
DEBT DIES WITH THE TENANT
Tenancy by Entirety
Joint tenancy by MARRIED PEOPLE
Right of survivorship
Cannot convey without notice
Divorce severs the tenancy
~ each tenant may seek a partition - aka chop it into two-
~ will be granted unless it is not practical
~co-tenant may seek contribution from other tenant aka in taxes and mortgage
Rent
Out of possession of co-tenant may share in rent and profits
But not from a tenant in possession
UNLESS they re damaging the property
Improvements
May not seek contributions