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What is meant by fee simple determinable and fee simple defeasible?
Wiki User
∙ 13y ago
In order to understand fee simple defeasible and fee simple determinable we should understand what is meant by fee simple absolute at common law.
Generally:
Fee simple absolute is the way we describe the complete and total ownership of real property. The owner in fee simple absolute has the right to full possession and control of the property. The property will pass to the owner's heirs upon death. Generally the conveyance of real estate by a deed conveys fee simple absolute. Generally, when we speak of "fee simple" we are referring to fee simple absolute.
Ownership in fee simple determinable indicates that ownership may be altered if certain conditions occur or do not occur whatever the case might be. It is not an absolute ownership of real property. If the conditions are breached the grantor must make entry to repossess the property.
- Land was conveyed to John with the restriction that it may only be used for a children's hospital. The conveyance is in fee simple with a determining factor. If the restriction is violated and John uses the property as a hotel, the land reverts back to the grantor. John owns a determinable fee.
- A farmer may convey a small parcel to a neighbor's son for a nominal sum subject to the condition that the grantee enclose it, install utility lines and build a house within two years or the property will revert to the grantor.
Fee simple defeasible occurs when there is power in the grantor to terminate the estate on the happening of some specified event.
- A deed to John with a condition that the land only be used for residential purposes or the grantor or his heirs shall have a right of entry or termination. If the condition is breached the estate continues until the grantor makes an entry or brings an action to recover the land. There is no automatic reversion.
Wiki User
∙ 13y ago
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A qualified fee simple estate is an example of a?
Defeasible fee estate. See the related question link provided below.
A estate restricts ownership of real property to a particular family bloodline?
A. fee simple B. fee tail C. determinable fee D. fee simple absolute ANSWER: B Fee Tail
Legal Will: Terms to Know?
When creating a legal will, there are terms every lawyer or ordinary person should know. This article will discuss some of the key legal terms to keep in mind when drafting a will. There are four types of possessory estates that legal wills usually deal with. These are the fee simple, fee tail, life estate, and term of years. After understanding the basic concepts of these types of estates, it is important to understand the limitations that can be added to these types of possessory estates. The only type of possessory estate without any limitations at all is a fee simple absolute. A fee simple is defined as a type of possessory estate with no inherent ending and it is the largest type of possessory estate. Example of language defining a fee simple is C to D and (his or her) heirs. When a possessory estate such as a fee simple has an added limitation, it becomes a defeasible estate. When the occurrence of a particular event happens, then a fee simple has been effectively de-feased. There are two kinds of limitations that can help accomplish a grantor’s goal in setting forth an inheritance on the occurrence of a particular event. These two kinds of limitations are a determinable limitation and a limitation which makes the estate subject to a condition subsequent. To discuss, a determinable estate ends automatically upon the happening of a limiting event. The grantor of an estate does not have to do anything to put a determinable estate into effect. An estate that is subject to a condition subsequent greatly differs from a determinable estate, because it depends on the happening of a certain event and does not end automatically. A grantor always has to take some action in order to reclaim property with an estate that is subject to a condition subsequent. There are certain phrases associates with determinable estates and estates subject to a condition subsequent. For a determinable estate, these phrases are until, so long as, while, and during. For an estate subject to a condition subsequent, these phrases are but if, provided that, on condition that, and however. Overall, it is very important to know the different added limitations that can be added to a possessory estate. It is also important to know the phrases that can make an estate determinable or subject to a condition subsequent. With this knowledge, one can write effective wills.
Difference between determinable fee and a conditional fee?
conditional fee = fee estate that is dependant upon a condition occuring. For example; I'll give James the farm when he graduates with an MBA. If James doesn't graduate, he won't get the farm. determinable fee = fee estate that is only lost if something new happens. For example; I'll give James the farm as long as it is used for growing wheat. If it no longer is used for that purpose, James no longer has title.
In real estate what does qualified fee mean?
A fee simple qualified estate is a fee simple estate that is subject to limitations by the grantor. There is some condition or special limitation attached to it that may cause it to revert to the grantor.A conveyance to Charles as long as he maintains the property as a working farm. When the working farm is no longer feasible the property would revert to the grantor.A conveyance of undeveloped land owned by a church that restricts it from being used to build an establishment that serves liquor.A conveyance for a nominal sum to a town for a tract that can only be used for a public park.
What is the difference between fee and fee simple?
Both fee and fee simple mean that you are the absolute owner of real property. You can sell the land or leave it to your heirs.
What is fee simple in state of Oregon?
Fee simple is the absolute ownership of land. The person who owns the land in fee simple can sell it during their life or leave it to their heirs when they die either by will or by intestate succession.
How does a person acquire a fee simple ownership of real property?
Fee simple absolute is the way we describe the complete and total ownership of real property. The owner in fee simple absolute has the right to full possession and control of the land (unless the land is subject to a life estate). The property will pass to the owner's heirs upon death or the owner can convey the property during their lifetime. Generally the conveyance of real estate by a deed conveys fee simple absolute in those jurisdictions that allow the private ownership of land. Generally, when we speak of "fee simple" we are referring to fee simple absolute. The owner of the fee simple can grant a life estate to another. A person acquires a fee simple ownership of land by deed from the present fee simple owner of the land.
What is the highest form of ownership for a piece of property?
Fee simple.Fee simple.Fee simple.Fee simple.
What is a fee simple deed without jtwrs?
mother and daughter has property simple fee no jtwrs mother dies can property be sold
A fee simple absolute represents total ownership of personal property?
A fee simple ownership represents absolute ownership of real property.
What is fee simple feasible?
Fee simple absolute is the complete and total ownership of real property. The owner in fee simple absolute has the right to full possession and control of the property and the property will pass to the owner's heirs upon death. Generally the conveyance of real estate by a deed conveys fee simple absolute. The word feasible is not part of the term.
