Absolute Ownership

- Potentially infinite duration (Fee)

- No limitation on its inheritability (Simple)

- It cannot be divested, nor end on the happeneing of any event (Absolute)

What creates a Fee Simple?

- At Common Law

- In Feudal times

- In modern times

- Common Law = To A "and his heirs" create fee simple by deed

- Feudal times = If lord wished to give land to tenent, he had to specify above, otherwise just life estate

- Modern = Deed is presumed to pass the largest estate possible. "To A" sufficent

What is an Heir?

- At common law, is the spouse an Heir?

- What is next of kin?

Those who survive the decedent and are designated as intestate sucessors by will or under state's statute of descent.

- No, spouses only got a dower

- Persons who succed the decedent under statute.

"From his body"

- Take to the exclusion of all other kindred (unless specified in will)

- Does not refer to children only, but includes all further descendants.

What happens if a child of a decendent dies before the decendent does?

Bastards

- At common law

- Modern times

- Considered filius nullius, "child of no one." No inheritance

- inherits through the mother

Non-issue?

- Stepchildren?

- Collateral relatives?

- Ancestors?

 - Only blood-relatives may inherit (but some states allow adopted kids)

 -(bro, sis, cousins, etc) not directly above or below in genetic chain. Inherit after Issue and Ancestors.

- Progenitors inherit first if no Issue.

"To A and the heirs of his body"

- inheritable only to specified descendants of original gaurantee, edured until current holder dies w/out Issue.

Fee Simple Determinable

Example?

When does it end?

To A for so long as/until/while he uses the land for X purpose

Estate terminates immediatly on the occurence of the event and reverts to grantor

Fee Simple Subject to a Contition Subsequent

Example

When does it end 

To A but if/upon condition/provided/however, if A ever stops using the land for X purposes, then... "

NOT automatic, but conditional based on the actions of the grantor. CAN be cut short at the grantor's election, when the stated condition arises.

Fee simple subject to a covenant

Example

When does it end?

"To be used only for X purpose" - contractual condition on the estate

Breach leads to monetary damages NOT transfer of the property - no posibility of reentry

1. Remedy Involved

2. Affect of condition on number of potential buyers

3. Whether condition will benifit other land

4. Whether condition discourages improvement in land.

5. If use condition is validated, will it encourage charitable giving.

Defeasible Life Estate

(to keep wives from remarrying)

- Acceptable version

- Unacceptable version

- Acceptable version:

-- " to A so long as A remains unmarried, then to B and his heirs"

 (more like Fee Simple determinable)

- Unacceptable version:

-- " To A for life, but if A remarries, then to B"

(More like a life estate)