Fee Simple Absolute
Present Interest
Fee simple
absolute
Language
Words of
Purchase: Infinite
and perpetual
Example
Future Interest Legal Effect
O to A
O to A and his heirs
No future
interest
Absolute
ownership
Fee Simple Defeasible
Present Interest
Language
Example
Future Interest Legal Effect
Fee Simple
Subject to a
Condition
Subsequent
Conditional: But,
if, on the condition
that, however,
provided that
O to A, but if A starts
X, O has the right to
reenter and take the
property
Right of
Reentry
Grantor has the
right to take
action to reclaim
Fee simple
determinable
Temporal: so long
as, during ,while,
until, unless
O to A, so long as A is a Possibility
non-smoker, then the
of Reverter
property shall revert to
O
Fee Simple
subject to an
executory
limitation
Not distinguished
based upon
language. Either
temporal or
conditional
Executory
Interest
Automatic
reversion of title
to grantor
Automatic
reversion to a
Third Party
Life Estates
Present Interest
Language
Example
Present Interest Future Interest
Life Estate
Temporal: for life,
to live in, not to be
sold during lifetime
O to A for life, then
to B
Life Estate Per
Autre Vie
O to A for the life
Third Party
Temporality: "to A of B, then to C.
for the life of B"
Owner may use
the property
during lifetime,
but may not
waste, property
right is alienable
Grantor:
Reversion
Third Person:
Remainder
Same as life
estate, except
measured on life
of third party
Grantor:
Reversion
Third Person:
Remainder
Remainders
Future interest
Indefeasibly
Vested
Remainders
Definition
Not subject to a condition
precedent; and owned by
an ascertainable person
Vested
Class gift to a group of
Remainder
people identified by
Subject to Open description not by name,
in which other members
Example
O to A for life, then to B and
his heirs.
O to A for life, then to A's
children, where A had at least
one child.
Legal Effect
No contingency, if
B dies it will still go
to his estate.
1.
Class closes:
whenever
nobody else can
be born into
may yet enter the class
2.
Vested
Remainder
Subject to
Divestment
Occurs when the
remainder is vested, but
subject to a condition
subsequent (condition
may trigger after vested
interest)
Contingent
Remainders
Interest owner is either

unascertained or subject
to a condition precedent
(condition must trigger in 
order to vest interest)
Alternative
Contingent
Remainders
Contingent remainders
that will divest if the prior
contingent remainder fails
to develop
class
When any
member of the
class may
demand
distribution
O to A for life, then to B and
his heirs, but if B does not
attain the age of 21, to C and
his heirs.
B has a vested
remainder that will
divest to C if A dies
before B is 21.
O to A for life, then to B's
children. B is childless
(unascertainable)
O to A for life, then to B
and his heirs if B survives
A (condition precedent)
If contingency not
satisfied, reversion
to grantor.
O to A for life, then to B if B
attains the age of 21, but if B
does not attain the age of 21,
to C.
If B turns 21 he gets
property and A gets
nothing, if B dies
before 21 he loses
his interest and C
gets property. If C
dies and B is not 21,
property reverts to
O.
Executory Interests
Future Interest
Definition
Example
O to A as long as used for X,
but then reverts to B.
Legal Interests
Executory
interest
Future interest that
provides reversion to a
third party, instead of
grantor
Springing
executory
interest
Cuts off a grantors interest O (to O, but) to A if A
and springs to a third party graduates from law school.
O has a defeasible
fee subject to
executory limitation,
A has springing
executory interest.
Shifting
Executory
Interest
Cuts off a grantee's
interest and shifts it to a
third party
A has defeasible fee
subject to executory
limitation, B has an
executory interest
O to A and his heirs, but if B
graduates from law school, to
B and his heirs
A has defeasible fee.
B holds executory
interest (automatic
reversion)