Present Possessory Interests
Identify/Describe
Future
Interest
Reversionary
Non-Reversionary
Future interest in Future Interest in
Grantor
Grantee
Language
1. Fee Simple Absolute No
FSA
No
No
"O to A"
2. Life Estate
Yes
Reversion
(back to O)
Remainder
(goes to 3rd party)
"O to A for life"
3. Fee simple
determinable
FSD
Yes
Possibility of
Reverter
(automatic)
No
"O to A until
TsP"
Temporal
language
4. Fee simple subject
to condition
subsequent
FSSTCS
Yes
Power of
Termination
(non-automatic)
No
"O to A provided
that TsP"
Conditional
language
5. Fee simple subject
to executory
limitation
FSSTEL
Yes
No
Executory
limitation/interest
"O to A until TsP,
then to B"
6. Fee Tail
Yes
Reversion
Remainder
"O to A and the
heirs of his
body"
7. Lease (NonFreehold)
Yes
Reversion
Remainder
Defeasible Fees
FS Determinable (POR)





Temporal
Determinable
 "To end of its
own accord"
Language:
 So long as
 Until
 During
 While
Possibility of
reverter
 Automatic
return
No waiver
FS Subject to Condition Subsequent
(POT)






Conditional
Not automatic loss
 Must seek return of
property
Language
 Upon condition that
 Provided that
 But if
Language not enough to
determine FSSTCS
 Need something else
 Plus "then what" clause
o Right to re-enter
o
*Power of
termination*
 Suggests help
from court
 Used to prevent
altercation
o So grantor can re-gain
interest
Conduct to regain title
 Quiet title
 Ejectment
Waiver/Estoppel
FS Subject to Executory Limitation





Closer to FSD
 Automatic return
If condition violated, land
interest will transfer to third
party
Executory
Limitation/Interest
 Interest for third party
Language (does not matter if
conditional or temporal)
 Upon condition that
 Provided that
 But if
 For so long as
 During
 While
 More . ..
Then what clause
 Provides that land
transfers to third party
Future Interests


Three future interests in transferor
o Possibility of Reverter
o Power of termination
o Reversion
 Fee tail
 Life estate
 Lease
In transferee (non-reversionary)
Contingent (Less AD&D from voluntary and involuntary perspective)
o Executory Interest (executory limitation) (Follow fees)
 Shifting
 Springing
o Remainder (do not follow fees)
 (follows a fee tail, life estate, lease)
 Can be
Vested (More likely to be AD&D)




Contingent
Remainder in one who is already born

Plus, currently ascertainable
 Ascertainable means known (must
be definite)
Plus, subject to no condition precedent
But, possibly to a condition subsequent
Indefeasibly vested remainder IVR
neither lessened or lost
O to A for life, then to B
Vested remainder subject to partial
divestment (vested remainder subject to
open) VSTOP
Lessened, but never lost
O to A for life, then to A's
children
class gifts
o Known group, but more
individuals could be added
to class
Vested remainder subject to total
loss (vested remainder subject to total
divestment) VRSTTD
Can be lost
Remainder created in someone either not yet
born, or not currently ascertainable, or subject to
a condition precedent
Remaining questions exist as to who
can take the land or what they will take
As long as a contingent remainder
ending a grand, O will retain a reversion
Rules Against Future Interests
DoCR
Merger
Doctrine of
Destructibility of
Contingent
Remainder


"a CR must vest 
either at or
before the
expiration of
the preceding
estate or it is
destroyed"
Waits for the
prior estate to
expire before it
goes into effect
Getting

multiple
different
interests to
the same
estate

RISC
DOWT
RAP
Rule in Shelley's Case
Doctrine of
Worthier Title
Rule Against
Perpetuities
Rule against

remainders in a
grantee's heirs
o O to A for life,
then to A's
heirs
Take it away from
the grantee's heirs,
then give it to the
grantee

 Turns into
vested
remainder in A
(O loses
reversionary
interest)
 Added to A's
current
interest, can
turn into an
FSA
 (Often results
in merger)
Rule against 
remainders in
a grantor's
heirs
 O to A
for life,
then to 
O's
heirs 
Goes back to
O instead of 
to O's heirs
Rule against remote
vesting
 Broad, and is
implemented
at the time of
the deed
Lives of the parties
+ 21 years
Applies to CR, EI,
VSTOP
Rule applies to
condition as written
at the time of deed
Concurrent Estates
Tenants in common
(TC)
100% acceptance in
all jurisdictions
Unity

Possession
Joint tenancy with right of
survivorship (JTWROS)
Not accepted in all jurisdictions




Creation

Transfer

Possession
Interest
Time
Title
Marriage
 However, no
polyamorous
marriage (must be
legal marriage)

Sometimes any
conveyance to married
parties is presumed to be
TE
Sometimes, explicit
statement is required
CL
 Originally created
as a protection for
wives

CL

Presumed
Modern
 No presumption
 Express statement of

intent required in deed
 Overt, clear expression 
to convey in
deed/will/other
document


Not Descendible, or Divisible 
Alienable because the law

dislikes restraints on
alienability
 A person can sell their
interest to another
person
 If sold, would then
become TC for the
person not in the original
covenant
Alienation is limited
Not Descendible or
Divisible
Generally intestate 
succession
Interests can be
equal or unequal
At death, A's descendants do 
not inherit
 Instead, interest remains
in the other parties in
the JTWROS
Must be through a
marriage (only two
parties can be involved)
A, D, D

Possession

 Full rights to presently 
possess all of the land 
Interest

 Equal interest (3 people, 
each have 1/3 interest)
Time
 Taken interest at the
same time
Title
 Interest taken under the
same title
Not
presumed 
Modern
 Presumed
 No express
language in
deed
CL


Tenancy by the entirety (TE)
Not accepted in all
jurisdictions

Common interest communities
Timeshares, Condominiums
o Condo
 FSA within the walls, co-owner with community features
o Timeshare
 FSA for a specific time period
 Co-ownership with others who have interest in the same unit
Non-Freehold Estates
Leases:
Term of years Periodic tenancy

Ends when 
the term
expires



The right to be there that

continues for the duration of 
the period, on to the next
period
 Month-to-month
Unless appropriate notice to 
terminate
 Normally appropriate
notice is the "period" of
the tenancy (one month
usually)
Tenancy at will
Tenancy at sufferance
License

Ends as soon as one
party or the other
party decides that it
should end
Usually family

situation

Name given to
"holdover tenant"
who has not left
after their lease
ends
Trespasser, does not
have the right to be
there any longer
Possession is not
adverse
Sub-lease
o You are still tenant to your landlord, but now you are a landlord to the person that you lease
your lease to
Assignment
o Transfer your interest in lease to another
o Removes you from the situation
Non-Possessory Interests
Non-Possessory Interests Characteristics
Easement
Affirmative Right



In gross
 Rights to a single person
Appurtenant
 Benefits the land
At common law, no easement reservation in a third party
 Implied easements
o Implied by necessity
 Original unity of title
 Strict necessity at severance
 Implied by prior use
o Original unity of title
o Open and apparent use at severance
o Convenience
 Adverse use
License
(type of easement)


Revocable at the will of the licensor
Right to make use of another's land
Profit
(type of easement)

Right to make a limited use of another's land and take something when
you go
Real Covenant



Negative restriction
Limits what the owner of the land can do with the property
Remedy at law
 Breach entitles you to money damages
Equitable Servitude



Negative restriction
Very similar to real covenant
Remedy is equity
 Either injunction or specific performance