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    13 - Estates - Chart

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    Tom Pasakarnis
    This document outlines different types of present and future estates in property. It defines fee simple absolute, life estate, term of years, fee simple determinable, fee simple subject to condition, and fee simple subject to executory limitation as different types of present estates, and notes the future estates that usually follow each one, such as reversions, remainders, possibilities of reverter, and rights of entry. It also explains that life estates and terms of years can be determinable, subject to condition subsequent, or subject to executory limitation, creating multiple future estates.

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    13 - Estates - Chart

    Uploaded by

    Tom Pasakarnis
    2K views1 page
    This document outlines different types of present and future estates in property. It defines fee simple absolute, life estate, term of years, fee simple determinable, fee simple subject to condition, and fee simple subject to executory limitation as different types of present estates, and notes the future estates that usually follow each one, such as reversions, remainders, possibilities of reverter, and rights of entry. It also explains that life estates and terms of years can be determinable, subject to condition subsequent, or subject to executory limitation, creating multiple future estates.

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    This document outlines different types of present and future estates in property. It defines fee simple absolute, life estate, term of years, fee simple determinable, fee simple subject to condition, and fee simple subject to executory limitation as different types of present estates, and notes the future estates that usually follow each one, such as reversions, remainders, possibilities of reverter, and rights of entry. It also explains that life estates and terms of years can be determinable, subject to condition subsequent, or subject to executory limitation, creating multiple future estates.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    2K views1 page

    13 - Estates - Chart

    Uploaded by

    Tom Pasakarnis
    This document outlines different types of present and future estates in property. It defines fee simple absolute, life estate, term of years, fee simple determinable, fee simple subject to condition, and fee simple subject to executory limitation as different types of present estates, and notes the future estates that usually follow each one, such as reversions, remainders, possibilities of reverter, and rights of entry. It also explains that life estates and terms of years can be determinable, subject to condition subsequent, or subject to executory limitation, creating multiple future estates.

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    Present and Future Estates

    Present estate Words often used to create it Future estate that usually follows
    (and who holds it)

    Fee simple absolute “to A” None


    “to A and her heirs”

    Life estate “to A for life” Reversion (if created in grantor)


    Remainder (if created in anyone else)

    Term of years “to A for __ years” Reversion (if created in grantor)


    Remainder (if created in anyone else)

    Fee simple “to A so long as . . .” Possibility of reverter (grantor)


    determinable “to A while . . .”
    “to A during . . .”
    “to A until . . .”
    “to A unless . . .”
    [makes clear that if a stated condition
    is met, possession automatically
    reverts back to O]

    Fee simple subject [usually expressly gives O a right Right of entry (grantor)
    to condition to re-enter and take possession if a
    subsequent stated condition is met]

    Fee simple subject “to A but if . . . then to B” Executory interest (anyone other than
    to executory “to A until . . . then to B” grantor)
    limitation “to A unless . . . then to B”

    Note that the three types of defeasibility (i.e., “determinable,” “subject to condition
    subsequent,” and “subject to executory limitation) may also apply to life estates and terms of
    years, so that the following estates are also possible:

    determinable life estate, life estate subject to condition subsequent, and life estate
    subject to executory limitation; and

    determinable term of years, term of years subject to condition subsequent, and


    term of years subject to executory limitation.

    Grants creating defeasible life estates and terms of years will create more than one future estate.
    “To A for life, but if A remarries, then to B”, for example, creates a life estate subject to
    executory limitation in A, an executory interest in B, and a reversion in O.

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