Term
Fee Simple Absolute
1) Present Possessory or Future Interest?
2) Words used to Create?
3) Duration?/Alienability?
4) Correlative Future/Previous Interest in Grantor?
5) Correlative Future Interest in 3rd party?
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Definition
1) Present Possessory Interest
2) "To A" or "To A and his heirs"
3) Forever
4) None
5) None |
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Term
Fee Simple Determinable
1) Present Possessory or Future Interest?
2) Words used to Create?
3) Duration?/Alienability?
4) Correlative Future/Previous Interest in Grantor?
5) Correlative Future Interest in 3rd party?
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Definition
1) Present Possessory
2) "To A and his heirs so long as/until/while/during.."
3) Until condition is met, then automatically to granter
4) Possibility of Reverter
5) Executory Interest (shifting or springing) |
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Term
Fee Simple Subject to Condition Subsequent
1) Present Possessory or Future Interest?
2) Words used to Create?
3) Duration?/Alienability?
4) Correlative Future/Previous Interest in Grantor?
5) Correlative Future Interest in 3rd party?
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Definition
1) Present Possessory
2) "To A and his heirs, but if\on condition\provided that..."
3) Until condition is met, then right of reentry
4) Right of Reentry
5) Executory Interest |
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Term
Fee Simple Subject to an Executory Interest
1) Present Possessory or Future Interest?
2) Words used to Create?
3) Duration?/Alienability?
4) Correlative Future/Previous Interest in Grantor?
5) Correlative Future Interest in 3rd party?
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Definition
1) Present Possessory
2) "To A, but if, ....., to B"
3) Until condition is met, then to B
4) None
5) Executory Interest |
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Term
Fee Tail
1) Present Possessory or Future Interest?
2) Words used to Create?
3) Duration?/Alienability?
4) Correlative Future/Previous Interest in Grantor?
5) Correlative Future Interest in 3rd party?
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Definition
1) Present Possessory
2) "To A and the heirs of his body"
3) Until A's lineage dies off
4) Reversion
5) None |
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Term
Life Estate
1) Present Possessory or Future Interest?
2) Words used to Create?
3) Duration?/Alienability?
4) Correlative Future/Previous Interest in Grantor?
5) Correlative Future Interest in 3rd party?
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Definition
1) Present Possessory
2) "To A for life"
3) For the life of A
4) Reversion
5) None, unless defeasible |
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Term
Indefeasibly Vested Remainder
1) Present Possessory or Future Interest?
2) Words used to Create?
3) Duration?/Alienability?
4) Correlative Future/Previous Interest in Grantor?
5) Correlative Future Interest in 3rd party?
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Definition
1) Future Interest
2) "To X for life/ for 5 years, then to A"
3) Forever
4) Life Estate\Term of Year
5) None |
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Term
Vested Remainder Subject to Total Divestment
1) Present Possessory or Future Interest?
2) Words used to Create?
3) Duration?/Alienability?
4) Correlative Future/Previous Interest in Grantor?
5) Correlative Future Interest in 3rd party?
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Definition
1) Future Interest
2) "To X for life, then to A, but if ..., then to B"
3) Until happening of the condition, then to B
4) Life estate or term of years
5) Executory interest |
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Term
Vested Remainder Subject to Open
1) Present Possessory or Future Interest?
2) Words used to Create?
3) Duration?/Alienability?
4) Correlative Future/Previous Interest in Grantor?
5) Correlative Future Interest in 3rd party?
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Definition
1) Future Interest
2) "To A for life, then to the children of B"
3) Forever, but subject to diminution
4) Life estate or term of years
5) None, except potential for group increasing |
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Term
Contingent Remainder
1) Present Possessory or Future Interest?
2) Words used to Create?
3) Duration?/Alienability?
4) Correlative Future/Previous Interest in Grantor?
5) Correlative Future Interest in 3rd party?
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Definition
1) Future Interest
2) "To X for life, then to A if..." or "To X for life, then to the children of A ..." (A has no children)
3) Forever, IF condition happens
4) Possibility of reversion
5) Depends on manner of divestment
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Term
Shifting Executory Interest
1) Present Possessory or Future Interest?
2) Words used to Create?
3) Duration?/Alienability?
4) Correlative Future/Previous Interest in Grantor?
5) Correlative Future Interest in 3rd party?
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Definition
1) Future Interest
2) "To X, but if ..., then to A" (X not grantor)
3) Forever, if divesting condition happens
4) None
5) Depends on means of divestment |
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Term
Springing Executort Interest
1) Present Possessory or Future Interest?
2) Words used to Create?
3) Duration?/Alienability?
4) Correlative Future Interest in Grantor?
5) Correlative Future Interest in 3rd party?
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Definition
1) Future Interest
2) "To A if ..."
3) Forever if condition happens
4) None
5) Depends on method of divestment |
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Term
Reversion
1) Present Possessory or Future Interest?
2) Words used to Create?
3) Duration?/Alienability?
4) Correlative Future/Previous Interest in Grantor?
5) Correlative Future Interest in 3rd party?
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Definition
1) Future interest
2) "To A for life"
3) Forever
4) From conclusion of grant of life estate or term of years
5) None, vested
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Term
Possibility of Reverter
1) Present Possessory or Future Interest?
2) Words used to Create?
3) Duration?/Alienability?
4) Correlative Future/Previous Interest in Grantor?
5) Correlative Future Interest in 3rd party?
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Definition
1) Future interest
2) "To X so long as ..."
3) Forever, upon happening of condition
4) Automatically after termination of Fee Simple Determinable
5) None |
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Term
Right of Re-Entry
1) Present Possessory or Future Interest?
2) Words used to Create?
3) Duration?/Alienability?
4) Correlative Future/Previous Interest in Grantor?
5) Correlative Future Interest in 3rd party?
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Definition
1) Future interest
2) "To X, but if ..., O shall have right to retake"
3) Forever
4) O MAY exercise after happening of condition
5) None |
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