Estates in Land

1
Estates in Land Future Interests

• Unit 1 Introduction
• 2009 edition

2
Estate - Defined

• Per Restatement of the Law of Property
• Estate an interest in land that
• 1. is or may become possessory and
• 2. is ownership measured in terms of duration.

3
Anatomy of a Grant

• G to A for life
• G (O) Grantor or Owner
• (Assume G has full ownership of land)
• a transfer by deed or will
• A taker or holder of an estate

4
Divisibility of Interests in Land

• G to A for life then to B and her heirs
• A Present Possessory Interest
• B Future Possessory Interest
• Both interests are immediately effective at time
  of
• grant.
• Present and Future refer to possession.

5
Who takes?

• Look at the Words of Purchase
• G to A for life then to B and her heirs
• Words of Purchase

6
What Estate is Transferred?

• Look at the Words of Limitation
• (which specify the duration of the estate)
• G to A for life then to B and her heirs
• Words of Limitation

7
Estates in Land Freehold Interests

• Fee Simple (Absolute)
• Defeasible Fee Simples
• Fee Simple Determinable
• Fee Simple Subject to a Condition Subsequent
• Fee Simple Subject an Executory
  Limitation/Interest
• Fee Tail
• Defeasible Fee Tails
• Fee Tail Determinable
• Fee Tail Subject to a Condition Subsequent
• Fee Tail Subject an Executory Limitation/Interest
• Life Estate
• Defeasible Life Estates
• Life Estate Determinable
• Life Estate Subject to a Condition Subsequent
• Life Estate Subject an Executory
  Limitation/Interest

8
Estates in Land Non-Freehold Interests

• Tenancy for a Term (e.g for 10 years)
• Tenancy from Period to Period (e.g from Year to
  Year)
• Tenancy at Will
• Tenancy at Sufferance (not a true tenancy)

9

• END