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14 Cards in this Set

  • Front
  • Back
Present Possessory Estates
a Free simple absolute can be sold, divide, devised, or inherited and has an indefinent or potentially infinite duration. Modernly, a fee simple obsolete is presumed
Defeasiable Estates
that can be terminated upon the happening of stated event
Fee Simple Determinable
a fee simple determinable terminates up the happening of a stated event and automatically revert to the grantor. Words used like for as long as, while, during, until (any duration languages. Can be conveyed but takes subject to being terminated at specified even.
Fee Simple Subjecto Condition Subsequent
a fee simple subject to a condition subsequent is an estate which the grantor reserves the right to terminate the setae upon the happing of stated even. The grantor must take some action. The estate has condition langues such as "upon condition that" provided that" "provided that" "but if" "if it happens that"
Right of REentery
right to reserves the rright to terminate the setae upon the happening of an event
Fee Simple Subject to an Executory Interest
The fee simple estate terminates upon the happening of a stated even(due to fee simple determinable or condition subsequent) and then passes to third party rather than reverting to the grater or given th grantor the right to terminate, the 3rd party has an executory inters.t
Conditions Violating Public Policy
conditions or limitation that violate public policy generally are stack down and the grantee takes free of restoring. If the the purpose of the condition is to penalize marriage. If it meant to support marriage or even of diverse it will be ok.
Fee tail
modernly just fee simple. Inheritablity is limited to lineal heirs
life Estate
a life estate is measured by the life or lives of one or more person.
Life Estate pur autre vie
by a life other than the grantees.
Doctrine of WAste
The life tenant is entitled to any ordinary uses and profits of the land but cnan to do anything that injures the interests of remainerman or reversion
Voluntary Waste
expoitoation of natural resources by a life tenant i limited to situations when .1 necessary for repair or maintaince of the land 2. suitable only for such purpose 3. expressly or impliedly permuted by the grantor. (open mines- can only expo it mines that are already open)
Permissive Waste
1. preserve the land ands structures in reasonable state of repair
2. pay interest on mortgages
3. pay ordinary taxes on the land
4. pay special assessment for public improvemnts short duration.
His duty is limited to the extent of income or profits generated (or FMV of the rents)
does not have to injure
Ameliorative wAste
is change that benefits the property economically. Can do so if a. FMV of future interest is not dimished or 2. either remainder men doe snot object
3 subtaintial change in neghborhood