Present Possessory Estates Type of Estate Fee Simple Absolute Language Duration Type of Ownership Future Interests Examples
Fee Simple Determinable
Fee Simple Subject to Condition Subsequent
Fee Simple Subject to an Executory Limitation (Interest) Fee Tail
Life Estates Pur autre
Life Estates (Defeasible)
Present Possessory Estates Type of Estate Language Fee Simple To A and his heirs Absolute Fee Simple Determinable
To A & his heirs, so long as <EVENT> To A & his heirs until <EVENT> To A & his heirs while <EVENT> To A & his heirs, but if <EVENT>. To A & his heirs, upon condition that <EVENT> To A & his heirs, provide that <EVENT> To A & his heirs, however <EVENT>
Duration
Indefinite amount of time; can endure forever. As long as condition is met; then automatically to Grantor.
Type of Ownership
Absolute; freely inheritable and alienable w/o limitations or restrictions. None.
Future Interests
Examples
Possibility of Reverter to Grantor. Executory Interest in a 3rd Party.
Fee Simple Subject to Condition Subsequent
Until <EVENT> occurs and re-entry of Grantor occurs. (Grantor must reenter; it does not occur automatically.
Right of Entry to Grantor. Executory Interest in 3rd party.
Fee Simple Subject to an Executory Limitation (Interest) Fee Tail
To A & his heirs for so long as
<EVENT>, and if not <EVENT>, to B.
As long as condition is met, then to 3rd party. Until happening of <EVENT>. Expires when the lineal bloodline runs out/dies out. Non-alienable; pass automatically from generation to generation.
Possibility of Reverter to Grantor. Executory Interest in 3rd party. Reversion to Grantor. None, but Remainder to 3rd party. Always followed by a F/ I. Reversion to Grantor. No F/I to a 3rd Party. No F/I in Grantor. Remainder to a 3rd Party. Reversion to Grantor Executory Interest in 3rd Party. O To A, and the heirs of his body, and if A dies w/o issue, to B and her heirs. A=fee tail; B=Remainder in Fee Simple
To A & his heirs but if
<EVENT>, to B To A & the heirs of his body
Life Estates Pur autre
To A for life To A for the life of B To A for life, then to B
Expires @ the death of the specified person
Alienable; Grantor has ownership and A has possession.
Life Estates (Defeasible)
To A for life, but if <EVENT>,
to B
Until the end of the measuring life OR when the <EVENT> occurs.
(Same as Non-Defeasible Life Estate)