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Defeasible Estates

Defeasible Estates. Defeasible Estates. Grant of land that is, in some manner, conditional. Can be added to: Fee Simple Life Estate Term for Years. Fee Simple Determinable. “To A and her heirs so long as no alcoholic beverages are sold on the property.” Word of Purchase = “To A”

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Defeasible Estates

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  1. Defeasible Estates

  2. Defeasible Estates • Grant of land that is, in some manner, conditional. • Can be added to: • Fee Simple • Life Estate • Term for Years

  3. Fee Simple Determinable “To A and her heirs so long as no alcoholic beverages are sold on the property.” • Word of Purchase = “To A” • Words of Limitation – Fee Simple = “and her heirs” • Words of Limitation – Determinable = “so long as no alcoholic beverages of sold on the property”

  4. Fee Simple Determinable “Magic” words of limitation to create a determinable estate: • “so long as [condition exists]” • “until [condition occurs]” • “while [condition exists]”

  5. Fee Simple Determinable Grantor’s retained interest is a Possibility of Reverter

  6. Fee Simple Subject to (on) a Condition Subsequent “To A and his heirs but if alcohol is sold on the premises, the grantor may reenter and claim the land.” • Words of Purchase = “To A” • Words of Limitation – Fee Simple = “and his heirs” • Words of Limitation – Condition Subsequent = “but if alcohol is sold on the premises, the owner may reenter and claim the land.”

  7. Fee Simple Subject to (on) a Condition Subsequent “Magic” words of limitation to create a condition subsequent: • “but if [condition occurs], then” • “provided that if [condition occurs], then” • “on the condition that if [condition occurs], then”

  8. Fee Simple Subject to (on) a Condition Subsequent Grantor’s retained interest is: • Right to Reenter or • Power of Termination

  9. Fee Simple Subject to Executory Limitation “To A and her heirs so long as no alcoholic beverages are sold on the property, then to B and his heirs.” • Words of Purchase = “To A” • Words of Limitation – Fee Simple = “and her heirs” • Words of Limitation – Executory Limitation = “as long as no alcoholic beverages are sold on the property” • “then to B and his heirs” gives B an executory interest in fee simple absolute

  10. Fee Simple Subject to Executory Limitation Interest of third party: Executory Interest

  11. Oldfield v. Stoeco Homes

  12. Roberts v. Rhodes

  13. Roberts v. Rhodes

  14. Martin v. City of Seattle

  15. Martin v. City of Seattle LakeWashingtonBlvd.

  16. Martin v. City of Seattle LakeWashingtonBlvd.

  17. Martin v. City of Seattle LakeWashingtonBlvd.

  18. Martin v. City of Seattle Boat House on Lake Washington Blvd

  19. Johnson v. City of Wheat Ridge JohnsonPark

  20. Leeco Gas v. County of Nueces Packery Channel Park

  21. Leeco Gas v. County of Nueces Packery ChannelPark

  22. Leeco Gas v. County of Nueces PackeryChannelPark

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