Real Property Flashcards
Fee simple absolute language to create
“To A and his heirs”
“To A”
Fee simple absolute duration
Absolute ownership of potentially indefinite duration
Fee simple absolute transferability
devisable, descendible, alienable
Fee simple absolute future interest
none
Fee tail language to create
“To A and the heirs of his body”
Fee tail duration
Lasts only as long as there are lineal descendants of grantee
Fee tail transferability
passes automatically to grantee’s lineal descendants
Fee tail future interest
Reversion (if held by grantor); Remainder (if held by 3rd party)
Defeasible fee: fee simple determinable language to create
“To A so long as…”
“To A until…”
“To A while…”
(any language that says when stated event happens, land reverts to grantor)
Defeasible fee: fee simple determinable duration
Potentially infinite so long as event does not occur
Defeasible fee: fee simple determinable transferability
alienable, devisable, descendible, subject to condition
Defeasible fee: fee simple determinable future interest
Possibility of reverter (held by grantor)
Defeasible fee: fee simple subject to condition subsequent
“To A but if X event happens, grantor reserves right to reenter and retake” Grantor must carve out reentry right
Defeasible fee: fee simple subject to condition subsequent duration
Potentially infinite so long as condition is not breached and thereafter until holder of right of entry timely exercises termination power
Defeasible fee: fee simple subject to condition subsequent transferability
alienable, devisable, descendible, subject to condition
Defeasible fee: fee simple subject to condition subsequent future interest
Right of entry/power of termination (held by grantor)
Defeasible fee: fee simple subject to an executory limitation
“To A but if X event occurs then to B”
Defeasible fee: fee simple subject to an executory limitation duration
Potentially infinite so long as stated contingency doesn’t occur