REAL PROPE

Apuntes

REAL PROPERTY FINAL REVIEW OUTLINE CHAPTER I ▪ OWNERSHIP PRESENT ESTATES Fee Simple Absolute A fee simple interest reflects absolute ownership with potentially infinite duration. It is: - Freely alienable, devisable, and descendible - Potentially infinite in duration - Not accompanied by a future interest Words of purchase such as “to my son” combined with words of limitation like “and his heirs” create an express fee simple absolute. A fee simple absolute is the default estate. Precatory language like “my hope and wish” does not demonstrate an intent to create a different estate. Defeasible Fees A defeasible fee is: - Freely alienable, devisable, and descendible - Potentially infinite in duration - Terminable upon the occurrence of a specific event Fee Simple Estates Type | Language | Future Interest ---|---|--- Indefeasible Fee simple absolute | “To A” or “To A and his heirs” | None Fee simple determinable | Durational—“so long as,” “during,” “until” | Grantor’s possibility of reverter Fee simple subject to condition subsequent | Conditional—“but if,” “provided that,” “unless” | Grantor’s right of reentry Fee simple subject to exe...