Please enable JavaScript.

Coggle requires JavaScript to display documents.

P - Possessory Estate (Waste: :warning:law becomes relevant whenever there…

- - - - exceptions: depends on what activity and if future interest was created at that time of the act
- - - - withholds from the grantee the power of transferring his interests
    - - if attempts to transfer his interest it is forfeited to another
    - - Grantee promises not to transfer his interests
    - - void
  - - - forfeiture restraint is valid
      - disabling restraints are void
- - - - Words of purchase: words that transfer an interest
        Words of limitation: words that act to define the estate being transferred.
        
        To A and his heirs
        
        WOL: and his heirs
        
        heirs do not have an interest in A's land until it is conveyed to them by A's estate if still owned it at time of death.
        
        Heirs
        
        Issue: anyone in the lineal line
        
        Descendants: depends on jurisdiction ex. issue/spouse
        
        Ancestors: parents take as heirs if A leaves no issue
        
        collaterals: all persons related by blood who are neither descendants nor ancestors. ex. aunt
        
        Escheat: if A dies w/out will (intestate) and no heirs = goes to estate
- - - - To A and heirs of his body
        
        when A's bloodline expires...land will revert to:
        
        Grantor or grantor's heirs
        
        or if specified in the instrument to another branch of the family
        ex. ...and if A dies w/out issue to my son B and his heirs
        
        the other branch has a reversion
        
        :warning:B is given remainder in fee simple to become possessory when and if the fee tail expires
- - - - To A for life
        
        pur autre vie : during A's possession. can transfer estate to B but is measured through A's life span NOT B's.
        
        When A dies:
        
        reversion to grantor
        
        or grantor could place a remainder in the instrument
- - - - :warning: fee simple that upon the happening of an stated event, is automatically divested by an EI in a transferee.