You are on page 1of 1

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

You might also like