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Present Possessory Interest

Corresponding Future Interest

How its created

Fee simple absolute- the closest thing to


absolute and full ownership.

None- the fee simple absolute can theoretically last


forever.

Life estate- a grant for the full rights of


possession to the life tenant during his
natural life, but only for natural life. This
interest is conveyable, but the conveyed
interest ends with the death of the
original life tenant.

Reversion to grantor-can be explicit (to A for life, and


then back to O) or implicit (to A for life.) Rule of
conservation of estates implies a reversion of no remainder
is spelled out. If O is dead, reversion according to will or
to intestate heirs.
Executory interest in a 3rd party- Any future interest held
by a 3rd party that isnt a remainder. Unlike the other two,
this one can cut off the life estate before its natural end. If
the event described in the executory limitation occurs, the
life estate ends. Executory interests are subject to RAP.
Remainde Vested: once there is certainty over who gets
r to 3rd
the remainder. Vested remainders are
partyimmune from RAP. Any future interest that
follows a vested remainder in fee is an
executory interest.
Contingent: Any grant of remainder to B is
contingent if there is uncertainty over
whether B gets it in the end. Once B passes
the bar, the remainder is vested. Uncertainty
can also be over whether there will be
members of the class (for example, whether
B has kids). If there is someone in class but
there may be more later, remainder is
vested subject to open. .Contingent
remainders are subject to RAP. Any future
interest that follows a contingent remainder
is also a contingent remainder.
Possibility of Reversion to grantor- when the limitation
event occurs, the defeasible fee forfeits automatically and
the property automatically vest in grantor or successors.

To A and his heirs, Remember that


his heirs are the words of
limitation. They describe the type
interest of interest being created, but
do not grant anyone a possessory
interest. The words of purchase that
identify the person in whom the
interest is created are to A.
To A in fee simple
To A [modern]
To A for life or to A for the life of
B

Defeasible fees.
Like the fee
simple absolute
in that they grant
title, but can end
on the happening
of some event.

Fee simple
determinable- the
condition that triggers
the grantors future
interest is automatic.
Fee simple subject to
a condition
subsequent- the
condition that triggers
the grantors future
interest is nonautomatic.
Fee simple subject to
an executory
limitation-grantor sets
up the interest in a

Right of entry for grantor- when the limitation event


occurs, the defeasible fee is not forfeited automaticallygrantor must use self-help or a lawsuit to get A out
pursuant to his right of entry. Owner can convey his right of
entry to a 3rd party, thus creating the same result as if
executory limitation was non-automatic.
Executory Interest in a 3rd party- Any future interest in
property that cannot take effect upon the natural expiration
of the preceding estate. Estate is subject to an executory
limitation and B has an executory interest with a possibility

Executory limitation: to A for life,


but if A remarries, then to B.

Vested: to A for life, then to B.

Contingent: To A for life and then to


B if she passes the bar.
To A for life, and then to the children
of B

To A as long as no drugs are


consumed on the premises.
Characteristic language includes as
long as, so long as, while, or
during.
To A, but if drugs are consumed on
the premises then O has the right of
entry. Characteristic language
includes but if, on the condition
that, provided however, and if.

To A as long as drugs are not


consumed, then to B.