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Cards In This Set
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Fee simple absolute, how to create?
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"To A" or "To A and his heirs"
Today, those common law words "and his hearis" are not necessary. |
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Distinguishing characteristics of a fee simple absolute
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This is absolute ownership of potentially infrinite duration. It is freely devisable, descenbdible and alienable.
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Accompanying future interest of fee simple absolute?
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None
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Fee tail, how to great?
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"To A and the heirs of his body."
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Distinguishing characteristics of fee tail?
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Virtuially abolished in the u.S. today. Historically, would pass directly to grantees lineal blood descendants, no matter what. Today, the attempted creation of a fee tail creates instead a fee simple absolute.
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Accompanying future interst to fee tail?
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Historyically, ues. In O, the grantor, it was called a reversion. In a third party, it was called a remainder
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Fee simple determinable, how to create?
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"To A for so long as..." "To A during..." "To A until..." "To A while..." Grantor must use clear duration language. If the stated condition is violated, forfeiture is automatic.
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Fee simple determinable, distringuishing characteristics
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This estate, like all of the defeasible fees, is devisable, descendible, and alienable but always subject to the condition.
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Fee simple determinable, accompanying future interest?
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It is the possibility of reverter in the grantor.
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"To A for so long as..." "To A during..." "To A until..." "To A while..." creates a...?
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Fee simple determinable
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Fee simple subject to condition subsequent, how to create
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"To A, but if X event occurs, grantor reserves the right to re-enter and retake."
Here, grator must use clear durational language AND an explicit recitation of grantor's right to re-enter upon the condition's betrayal (i.e., carve out right to re-enter). |
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Fee simple subject to condition subsequent, distinguishing characteristics?
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This estate is NOT automatically ended, but it can be cut sort at the grantor's option, if the stated condition occurs.
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Fee simple subject to condition subsequent, accompanying future interest
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Right of re-entry (aka, the power of termination) in the grantor.
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Fee simple subject to executory limitation, how to create?
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"To A, but if X event occurs, to B"
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"To A, but if X event occurs, grantor reserves the right to re-enter and retake..." creates...?
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Fee simple subject to condition subsequent
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