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Real Property • Present Possessory Estates
PROP#001
Legal Definition
Present possessory estates include: (1) fee simple absolutes, (2) various defeasible fees, (3) fee tails (largely abolished), and (4) life estates.
Plain English Explanation
Possessory interests are interests that enable someone to possess an estate in land. Present possessory estates are types of estates in which someone may have a present possessory interest. In other words, they have some present right to the land, which will be discussed in depth in later cards.
Visual Aids
Related Concepts
How is a fee simple determinable created?
How is a fee simple subject to condition subsequent created?
In assessing a present possessory estate, what is affirmative waste?
In assessing a present possessory estate, what is ameliorative waste?
In assessing a present possessory estate, what is permissive waste?
What are the 3 types of waste a life estate holder may commit?
What happens when a life estate holder renounces his interest?
What is a defeasible fee?
What is a fee simple absolute?
What is a fee simple subject to executory interest?
What is a fee tail, how is it created, and what is the result of its creation in most jurisdictions today?
What is a life estate?
What is a life estate pur autre vie and how is it created?
What rights and duties do the holder of a life estate have?
What will a court do if it is not clear whether someone intended to create a fee simple determinable or subject to condition subsequent?
