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5 Cards in this Set
- Front
- Back
- 3rd side (hint)
Present possessory estates
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Fee simple absolute
Fee tail Defeasible fees Life estate |
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Defeasible fees
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Fee simple determinable
Fee simple subject to condition subsequent |
Grantor-Possibility of reverter
Grantor-Right of entry |
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Fee simple determinable
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Durational language
But not motive or purpose or terms of years Automatically terminates and reverts to the grantor |
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Fee simple subject to condition subsequent
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Conditional words
Does not terminate automatically A right of entry must be expressly reserved. |
Some courts hold that rights of entry are not transferable inter vivos.
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MBE-tip
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A conveyance that contains both durational language and a power of termination will likely be construed as a fee simple subject to a condition subsequent
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Policy disfavor forfeiture of estates.
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