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Real Property – Nutshell Examples - page 5 / 22

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Paul the owner, and failure to pay them thereafter doesn’t transfer title back to Olga. (47)

II. Common Law Estates

A.

Present (Possessory) Estates In Land

1.

Fee Simple

To Bob and his heirs

To Bob

2.

Fee Tail

To Bob and the heirs of his body

3.

Life Estate

To Bob for life

Per Autre Vie – To Bob for the life of Cathy

Above are Freehold Estates

4.

Estate for Years/Term

To Bob for 10 years

5.

Periodic Estate

To Bob for month to month

To Bob for $10 per month

6.

Tenancy at Will

Usually no agreement in writing

7.

Tenancy at Sufferance

Holding over

Above are non-freehold estates (48)

F/S Special Limitation followed by a POR: (poss of reverter)

Ex:To Bob and his heirs so long as the land is farmed. (F/S

determinable with POR) (56)

Ex:To Barn and the heirs of her body so long as the land is farmed. (Fee tail determinable with POR) (56)

Ex:To Bob for life so long as the land is farmed.  (Life estate with POR) (56)

Ex:To Barb for 10 years so long as the land is farmed. (Determinable for years will end in ten years unless Barb stops farming before then). (56)

F/S Condition Subsequent followed by ROR: (rt of reacq)

Ex:To Bob and his heirs, but if the land is used for a farm, then the

grantor may re-enter and repossess. (F/S subject to cond sub) (57)

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