ESTATES IN LAND

Estates Language to Create Duration Transferability Future Interest

- Freely alienable (can be

transferred)
Fee Simple “To A” Absolute, limitless ownership with - Freely devisable (can be None
(FS) “To A and her heirs” potentially infinite duration transferred by will)
- Freely descendible (can be
passed to persons heirs)
- Condition doesn’t disappear
Fee Simple “To A as long as …” Potentially infinite, if condition does - Freely alienable, devisable, when the property is
Determinable To A until …” not occur – fee simple with a “catch” and descendible subject to transferred; it tags along with
(FSD) To A unless …” the condition. the state
- If condition is violated, - Possibility of reverter (goes
forfeiture is automatic back to the original grantor)
“To A, but if X event happens, grantor
reserves right to reenter and retake.” Potentially infinite, so long as the
“To A, upon condition that” condition is not breached, and
“To A, provided that” thereafter, until the holder of the right
Fee Simple “To A, but if” of entry timely exercises the power of
Subject to CLEAR, DURATIONAL termination. - Freely alienable, devisable, Right if entry/power of
Condition LANGUAGE and descendible subject to termination (held by
Subsequent MUST HAVE A CLEAR Not automatically terminable but can be the condition. grantor).
(FSSCS) STATEMENT OF RIGHT OF RE- cut short at grantors option and
ENTRY (grantor must re-enter to prerogative “It’s my prerogative” –
get the property back) Bobbie Brown
Fee Simple “To A, but if X event occurs, then to - Freely alienable, devisable,
Subject to B.” Potentially indefinite, so long as the and descendible subject to Executory interest held by
Executory stated contingency does not occur the condition. third party
Limitation A has fee simple but B has a shifting
(FSSEL) executory interest

“To A for life”

“To A for the life of B” (per autra vie) - Freely alienable, devisable, Reversion (if held by
Life Estate Measured by life of transferee, or and descendible if measuring grantor)
Estate is rendere in explicit lifetime someone else’s life life is still alive Remainder (if held by third
terms; never in term of years party)
Rules re Defeasible Fees: Words of mere desire, hope, or intention are insufficient to create a defeasible fee; Absolute restraints on alienation are unenforceable