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Future Interest Flowchart

This document summarizes different types of estates in property law including present estates, future interests, and limitations. It outlines possessory estates like fee simple, fee tail, life estate, and term of years. It notes whether they have added limitations, the nature of future interests that may follow like remainders or reversions, and how the estates can end naturally or be interrupted by other estates. The document provides technical descriptions of concepts like fee simple subject to executory limitation and how conditions must be placed to define contingent remainders.

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5K views1 page

Future Interest Flowchart

This document summarizes different types of estates in property law including present estates, future interests, and limitations. It outlines possessory estates like fee simple, fee tail, life estate, and term of years. It notes whether they have added limitations, the nature of future interests that may follow like remainders or reversions, and how the estates can end naturally or be interrupted by other estates. The document provides technical descriptions of concepts like fee simple subject to executory limitation and how conditions must be placed to define contingent remainders.

Uploaded by

wittclay
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Types of Estates Present Estate Added limitation 1st Future Interest

“Possessory estate in” “Reversion/remainder, etc, in FS/FSA, etc”


FS or FT or LE or TOY No Limitation: Absolute (O to A) None

Fee Simple (FS) Next Estate in Grantor: (May be going back to O) Future Interest in Grantor:
-“and Heirs”
Fee Tail (FT) Will end Naturally (via FS/FT/LE/TOY) Waits: Reversion
- “and heirs of body” - Automatic on natural expiration
Life Estate (LE) May end early on its own terms (WUDS): Waits: Possibility of Reverter
- “For life” - Determinable (ex: FSD) - Automatic upon condition being met
- Limit placed before Punctuation
- Pur Autre Vie
May be interrupted by next estate (HBOPt) Interrupts prior estate: Right of Entry
Term of Years (TOY) - Subject to condition subsequent (ex: FSSCS) - Right of entry in FSA (not automatic)
- “for 20 yrs” - Limit placed After punctuation

Next Estate in Grantee: (going to someone else) Future Interest in Grantee: *RAP applies
Fee Simple (FS)
Will end Naturally (via FS/FT/LE/TOY) Waits: Remainder
-“and Heirs”
- Vested (ascertained AND no Cond Pre)
Fee Tail (FT) --Indefeasible, subject to partial div/open
- “and heirs of body” - Contingent (not Ascertainble OR CP)
Life Estate (LE) - - The CP must be before break in estate (before comma)
May end early by its own terms (WUDS) Waits: Executory Interest
- “For life”
- Determinable (ex: FSD) - Most all are Contingent; Automatic
- Pur Autre Vie
May be interrupted by next estate (HBOPt) Interrupts Prior Estate: Executory Int.
Term of Years (TOY)
- Subject to executory limitation (ex: FSSEL) - Shifting: follows estate in grantee
- “for 20 yrs”
- Springing: divests an estate of grantor

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