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PROPERTY Professor Scafidi

Fall 2010

Freehold Estates
Name Fee Simple Fee Tail Life Estate Defeasible Fee Interests
(Absolute) Fee Simple Fee Simple Subject Fee Simple Subject
Determinable to Condition to Executory
Subsequent Limitation
Creation O to A and her O to A and the O to A for life
heirs (common heirs of her body O to A so long as, upon condition that…
law) O to B for the life Temporal Conditional Passage to 3rd
(obsolete in most of A (l.e. pur autre limitation limitation party (equitable)
O to A (modern) states) vie)
Forfeiture None Automatic upon Automatic upon Automatic upon NOT automatic Automatic upon
failure of issue death of A failure of condition upon failure of failure of condition
condition
Future Interest None Reversion to O or Reversion to O or O retains O retains Right of 3rd party has
Remainder* to 3rd Remainder* to 3rd Possibility of (Re)entry Executory Interest
party party Reverter
Transfer Free Individual life Alienable, but not Free Free Free
interest is descendible or
alienable, but not devisable
descendible or
devisable

*
Remainders
Type Vested Vested Subject to Open Contingent
Example O to A for life, then to B and her O to A for life, then to B’s children O to A for life, then to B’s
heirs (assuming at least 1 at time of surviving children if B marries C
conveyance)
Description No conditions precedent other than No conditions precedent other than Subject to condition precedent,
termination of previous estate and termination of previous estate & at owned by unascertained person, or
remainderman ascertained least 1 remainderman ascertained both
(though others may follow)

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