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PROPERTY I: PRESENT ESTATES

TYPE OF LANGUAGE USED TO CREATE DURATION TRANSFERABILITY FUTURE INTEREST


PRESENT ESTATE UNDER MODERN LAW WHICH MAY FOLLOW

FEE SIMPLE To A and his heirs UNLIMITED DEED, WILL, NONE


ABSOLUTE (required at common law) OR INTESTACY
To A
To A, his heirs and assigns …

FEE SIMPLE LANGUAGE OF DURATION POTENTIALLY INFINITE DEED, WILL, POSSIBILITY OF


DETERMINABLE To A so long as (until, while, during) (so long as the stated event OR INTESTACY REVERTER
… and if the premises are ever so or condition does not occur) OR EXECUTORY
used, title shall revert to the grantor INTEREST
OR then to B.

FEE SIMPLE ON LANGUAGE OF CONDITION POTENTIALLY INFINITE DEED, WILL, RIGHT OF ENTRY/
CONDITION To A on condition that (provided (until the stated event or OR INTESTACY POWER OF
SUBSEQUENT that, but if) … and if the premises condition occurs and the TERMINATION
are ever so used, the grantor shall transferor exercises his
have the right to re-enter and take possession. right of entry)

FEE SIMPLE LANGUAGE OF CONDITION POTENTIALLY INFINITE DEED, WILL EXECUTORY


SUBJECT TO To A but if …. then to B. (so long as the stated event OR INTESTACY INTEREST
EXECUTORY LIMITATION or condition does not occur)

FEE TAIL To A and the heirs of his body. For the life of the first tenant DEED (but transferee’s REVERSION
To A and the heirs of his body, then to B. in tail, then through successive interest ends when tenant (in the transferor)
generations of his descendants, in tail dies, in favor of REMAINDER
until his line of descent runs out. tenant in tail’s lineal (in a transferee)
descendants)

LIFE ESTATE To A for life. For the life of life of the DEED (but transferee’s REVERSION
To A until he dies. person or persons named estate ends when (in the transferor)
To A for the life of B (pur autre vie) as the measuring life or lives. measuring life dies) REMAINDER
To A for life, then to B. WILL (but only if (in a transferee)
To A for her use and benefit pur autre vie)

TERM FOR To A for ten years. For the term stated in the DEPENDS on the REVERSION
YEARS or Leasehold estate To A for ten years, then to B. transferring instrument. provisions of the (in the transferor)
To A and his heirs for ten years transferring instrument. REMAINDER
(in a transferee)
PROPERTY I: PRESENT ESTATES