Chapter 5: Legal Interests in Real Estate

*†† Freehold estates in possession

*†† Non-freehold estates (leasehold)

*†† Future estates

*†† Interest and rights in the land of others

*†† Concurrent estates

Freehold Estates in Possession

*†† Inheritable estates

*†† Fee, fee simple, fee simple absolute

*†† Defeasible fees (conditional fees)

*†† Fee determinable (qualified fee) -- automatic reversion if condition violated

*†† Fee subject to condition subsequent -- requires action on grantors part to recover

Non-Inheritable Estates
(Life Estates)

*†† Conventional life estates

*†† For the life of grantee

*†† For the life of another (pour autre vie

*†† Legal life estates (died either testate or intestate)

*†† Dower

*†† Curtsy

*†† Spouses rights

*†† Community property

*†† Common Law Marriage

Future Estates

*†† Possibility of a reverter (fee determinable)

*†† Right of re-entry (fee subject to condition subsequent)

*†† Remainderman -- contingent, vested

*†† Fee upon condition precedent


*†† Easements in Gross (utilities)

*†† Easements appurtenant (for the benefit of the owner)

*†† Easements (expressed, implied, necessity, prescriptive)

Implied Driveway Easement
(same issue for party wall easement)

Easement by Necessity

Prescriptive Easements

*†† Open (notoriously)

*†† Adversely (hostile)

*†† Continuous--21 years normally

Water Rights

*†† Riparian rights

*†† Littoral rights

*†† Doctrine of Prior Appropriation

*†† Limited domestic use

*†† Perfection of rights

*†† Transferability of rights

Other Interests in Anotherís Property

*†† Profits and Emblements - Cash crops planted by previous owner - first harvest belongs to previous owner (seller)

*†† License - to an individual; unconditionally revocable

Restrictive Covenants
(Deed Restrictions)

*†† Applicability

*†† Removal

*†† By agreement

*†† By passage of time (30 years)

*†† By estoppel