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PROPERTY Estates in land Professor Joan C. Williams Spring 2008

What does this statute do?. The term

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PROPERTY Estates in land Professor Joan C. Williams Spring 2008

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    1. PROPERTY Estates in land Professor Joan C. Williams Spring 2008

    2. What does this statute do? The term “heirs” or other words of inheritance, shall not be necessary to create or convey an estate in fee simple; and every conveyance of real estate shall pass all the estate of the grantor therein, unless the intent to pass a lesser estate shall expressly appear or be necessarily implied in the terms of the grant”

    3. Vocabulary Defeasible fees Conditional fees Determinable fees Fee simple determinable Fee simple on a condition subsequent Fee simple on an executory interest

    4. Fee simple determinable v. fee simple on a condition subsequent “To A, provided that, if the land is ever taken out of its natural state, O or his heirs shall have the right to re-enter.” “To A so long as the land is farmed”

    5. More conditional fees “To A so long as the land is kept in its natural state; if it is ever developed, O or her heirs shall have the right of entry.” “To A until liquor is sold or consumed on the land; if it is, B or his heirs shall have the right to re-enter and retake the land.”

    6. Mahrenholz v. School Trustees (1981) 1.5 acres 38 acres | \ | |cond. fee \reversionary interest | f.s. | \ Jacqmains (1941) | | School district (1941) |f.s. + reversionary interest ? Mahrenholz (1959) ?

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