Tuesday, March 12, 2013

Real property ownership and types of interest in

An estate in land defines the extent of one's interest in a real property. Estates in land are freehold or nonfreehold.
Nonfreehold estates are leased - leasehold estates.

Freehold estates:

Fee Simple Estates:

Fee Simple Absolute - the highest form of ownership. For indefinite duration, freely transferable, inheritable.
Fee Simple Defeasable - 2 types:
Special Limitation with Possibility of Reverter - Has to be used for a specific purpose. Title reverts automatically back to the grantor if the estate is not used for prescribed purpose.
Condition Subsequent with Right of Reentry - Title is transfered on condition that there is something the grantee (or a buyer) must do. But it doesn't revert automatically, the grantor (or the seller) must take legal steps to get the property back.

Conventional Life Estate - 2 types:

Ordinary with Remainder or Reversion - Set up by a grantor in such a way that the person who lives there is called a life tenant, and after he dies, the property reverts to the grantor. It can also be set up to transfer to a third party.
Life Estate Pur Autre Vie with Remainder or Reversion - Set up by a grantor in such a way, that A, or A's heirs, can live there for the duration of B's life. When B dies, the property reverts to the grantor, or C, another party.

Legal Life Estates:

These estates are set up by law, such as:
Dower - a widow's interest in her husband's real property
Curtesy - a husband's interest in his deceased wife's property
Homestead - a part of the value of the estate protected from creditors

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