Estate created when land is transferred conditionally
Property law
Part of the common law series
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prior appropriation
riparian
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Higher category: Law and Common law
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Not to be confused with the concept of indefeasibility within property law.
A defeasible estate is created when a grantor transfers land conditionally. Upon the happening of the event or condition stated by the grantor, the transfer may be void or at least subject to annulment. (An estate not subject to such conditions is called an indefeasible estate.) Historically, the common law has frowned on the use of defeasible estates as it interferes with the owners' enjoyment of their property and as such has made it difficult to create a valid future interest. Unless a defeasible estate is clearly intended, modern courts will construe the language against this type of estate. Three types of defeasible estates are the fee simple determinable, the fee simple subject to an executory limitation or interest, and the fee simple subject to a condition subsequent. A life estate may also be defeasible.
Because a defeasible estate always grants less than a full fee simple, a defeasible estate will always create one or more future interests.
A defeasibleestate is created when a grantor transfers land conditionally. Upon the happening of the event or condition stated by the grantor, the transfer...
simple defeasible (or fee simple determinable) estates. A defeasibleestate is created when a grantor places a condition on a fee simple estate (in the...
gift Deed of trust Deed restriction Default Defeasance clause Defeasible fee Defeasibleestate Deficiency – physical condition or construction that is considered...
Real estate is property consisting of land and the buildings on it, along with its natural resources such as growing crops (e.g. timber), minerals or water...
Defeasible logic, a non-monotonic logic to formalize defeasible reasoning Defeasibleestate, an estate created when a grantor transfers land conditionally...
a life estate (or life tenancy) is the ownership of immovable property for the duration of a person's life. In legal terms, it is an estate in real property...
In philosophy of logic, defeasible reasoning is a kind of provisional reasoning that is rationally compelling, though not deductively valid. It usually...
In property law, a concurrent estate or co-tenancy is any of various ways in which property is owned by more than one person at a time. If more than one...
the easement is the dominant estate or dominant tenement, while the land burdened by the easement is the servient estate or servient tenement. For example...
established by deed or settlement, that restricts the sale or inheritance of an estate in real property and prevents that property from being sold, devised by...
other Germanic laws. The word is a compound of *all "whole, full" and *ōd "estate, property" (cf. Old Saxon ōd, Old English ead, Old Norse auðr). Allodial...
no longer allow for such secrecy. In many civil law countries, the real estate transfers are usually supervised by notaries who, after a due diligence...
grantor (seller) guarantees that they hold clear title to a piece of real estate and has a right to sell it to the grantee (buyer), in contrast to a quitclaim...
to "fall-out", via mediaeval French escheoir. The sense is of a feudal estate in land falling-out of the possession by a tenant into the possession of...
In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, refers to parcels of land and any associated...
payment of multiple death duties or inheritance taxes on the testator's estate. The rule against perpetuities was one of the devices developed to at least...
estate passes to the deceased's surviving spouse and issue (with shares apportioned according to the number of children), with the rest of the estate...
lesser right (i.e. the licensee, which is not an estate in land) can create a larger right, an estate even. As in the United States, banknotes in Scotland...
tenant for life completes permanent and beneficial improvements to the estate begun earlier by the testator; and when land or other property is transferred...
Alienation Estates in land Allodial title Fee simple Fee tail Life estateDefeasibleestate Future interest remainder Concurrent estate Leasehold estate Condominiums...
location to another. Personal property can be understood in comparison to real estate, immovable property or real property (such as land and buildings). Movable...
property. Future interests are created on the formation of a defeasibleestate; that is, an estate with a condition or event triggering transfer of possessory...
even, and includes simple grants and appointments. In the transfer of real estate, a deed conveys ownership from the old owner (the grantor) to the new owner...
conveyed the fee-simple estate to P1, but retained the title deeds and fraudulently purported to convey the fee-simple estate to P2. The latter could...