DEFEASIBLE ESTATES

TYPE OF FEE SIMPLE TERMINATES LAND GOES TO FUTURE INTEREST TYPICAL WORDS OF CONVEYANCE

EXAMPLE

Determinable

Expires Automatically

Grantor, Possibility immediately of Reverter

Words of duration: so long as, while, until, during

To A and her heirs, until B becomes president.

Based on Conditions Subsequent

Grantors election is divested by bringing an action of ejectment

Grantor

Right of re-entry

Words of condition: but if

To A and her heirs, but if B Am Jurs property, O reserves the right to reenter and retake.

Subject to Executory Limitations

Expires of Divests Automatically

3rd Party, Executory immediately Interest

Uses both words of duration and condition

To A and her heirs, but if A dies without surviving children, then to B and his heirs.