Grant of land that is, in some manner, conditional Grantee could lose the “bundle of sticks” ...
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Transcript of Grant of land that is, in some manner, conditional Grantee could lose the “bundle of sticks” ...
![Page 1: Grant of land that is, in some manner, conditional Grantee could lose the “bundle of sticks” Conditions may be added to: Fee Simple Life Estate.](https://reader036.fdocuments.net/reader036/viewer/2022070308/551c3b0255034693488b4802/html5/thumbnails/1.jpg)
Defeasible Estates
![Page 2: Grant of land that is, in some manner, conditional Grantee could lose the “bundle of sticks” Conditions may be added to: Fee Simple Life Estate.](https://reader036.fdocuments.net/reader036/viewer/2022070308/551c3b0255034693488b4802/html5/thumbnails/2.jpg)
Defeasible Estates
Grant of land that is, in some manner, conditional Grantee could lose the “bundle of
sticks”
Conditions may be added to: Fee Simple Life Estate Term for Years
![Page 3: Grant of land that is, in some manner, conditional Grantee could lose the “bundle of sticks” Conditions may be added to: Fee Simple Life Estate.](https://reader036.fdocuments.net/reader036/viewer/2022070308/551c3b0255034693488b4802/html5/thumbnails/3.jpg)
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”
![Page 4: Grant of land that is, in some manner, conditional Grantee could lose the “bundle of sticks” Conditions may be added to: Fee Simple Life Estate.](https://reader036.fdocuments.net/reader036/viewer/2022070308/551c3b0255034693488b4802/html5/thumbnails/4.jpg)
Fee Simple Determinable
“Magic” words of limitation to create a determinable estate: “so long as [condition exists]” “until [condition occurs]” “while [condition exists]”
![Page 5: Grant of land that is, in some manner, conditional Grantee could lose the “bundle of sticks” Conditions may be added to: Fee Simple Life Estate.](https://reader036.fdocuments.net/reader036/viewer/2022070308/551c3b0255034693488b4802/html5/thumbnails/5.jpg)
Fee Simple Determinable
Grantor’s retained interest is a Possibility of Reverter
Automatic divestment when condition breached
But court action may be needed if grantee does not leave voluntarily.
![Page 6: Grant of land that is, in some manner, conditional Grantee could lose the “bundle of sticks” Conditions may be added to: Fee Simple Life Estate.](https://reader036.fdocuments.net/reader036/viewer/2022070308/551c3b0255034693488b4802/html5/thumbnails/6.jpg)
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.”
![Page 7: Grant of land that is, in some manner, conditional Grantee could lose the “bundle of sticks” Conditions may be added to: Fee Simple Life Estate.](https://reader036.fdocuments.net/reader036/viewer/2022070308/551c3b0255034693488b4802/html5/thumbnails/7.jpg)
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”
![Page 8: Grant of land that is, in some manner, conditional Grantee could lose the “bundle of sticks” Conditions may be added to: Fee Simple Life Estate.](https://reader036.fdocuments.net/reader036/viewer/2022070308/551c3b0255034693488b4802/html5/thumbnails/8.jpg)
Fee Simple Subject to (on) a Condition Subsequent
Grantor’s retained interest is:
Right to Reenter Power of Termination
Divestment requires grantor’s affirmative act.▪ Interest could be lost by waiver or
estoppel.
![Page 9: Grant of land that is, in some manner, conditional Grantee could lose the “bundle of sticks” Conditions may be added to: Fee Simple Life Estate.](https://reader036.fdocuments.net/reader036/viewer/2022070308/551c3b0255034693488b4802/html5/thumbnails/9.jpg)
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
![Page 10: Grant of land that is, in some manner, conditional Grantee could lose the “bundle of sticks” Conditions may be added to: Fee Simple Life Estate.](https://reader036.fdocuments.net/reader036/viewer/2022070308/551c3b0255034693488b4802/html5/thumbnails/10.jpg)
Fee Simple Subject to Executory Limitation
Interest of third party = Executory Interest
Automatic divestment if condition breached.
![Page 11: Grant of land that is, in some manner, conditional Grantee could lose the “bundle of sticks” Conditions may be added to: Fee Simple Life Estate.](https://reader036.fdocuments.net/reader036/viewer/2022070308/551c3b0255034693488b4802/html5/thumbnails/11.jpg)
Review of Defeasible Estates
• Fee Simple Determinable
• Fee Simple Subject to Condition Subsequent
• Fee Simple Subject to Executory Limitation
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Oldfield v. Stoeco Homes
![Page 13: Grant of land that is, in some manner, conditional Grantee could lose the “bundle of sticks” Conditions may be added to: Fee Simple Life Estate.](https://reader036.fdocuments.net/reader036/viewer/2022070308/551c3b0255034693488b4802/html5/thumbnails/13.jpg)
Roberts v. Rhodes
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Roberts v. Rhodes
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Johnson v. City of Wheat Ridge
JohnsonPark
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Leeco Gas v. County of Nueces
Packery Channel
Park
![Page 17: Grant of land that is, in some manner, conditional Grantee could lose the “bundle of sticks” Conditions may be added to: Fee Simple Life Estate.](https://reader036.fdocuments.net/reader036/viewer/2022070308/551c3b0255034693488b4802/html5/thumbnails/17.jpg)
Leeco Gas v. County of Nueces
Packery Channel
Park
![Page 18: Grant of land that is, in some manner, conditional Grantee could lose the “bundle of sticks” Conditions may be added to: Fee Simple Life Estate.](https://reader036.fdocuments.net/reader036/viewer/2022070308/551c3b0255034693488b4802/html5/thumbnails/18.jpg)
Leeco Gas v. County of Nueces
PackeryChannel
Park