Category: Real Property

Real property I. freehold estates Present Possessory Estates Estate Language to Create Duration Transferability Future Interest Notes Fee simple absolute “To A and his heirs” “To A” Absolute ownership, of potentially infinite duration. Devisable (transferable by will), descendibile (transferable by statutes of intestacy if its holder dies w/out a will), alienable (transferable during life). None.…

Real Property – Opening Paragraphs Landlord-Tenant Relationships Tenancy for Years A tenancy for years is a tenancy that continues for a fixed period of time. A tenancy for a period greater than one year comes under the statute of frauds, and thus must be in writing, signed by the party to be charged, to be…

Landlord-Tenant Nature of the leasehold Tenancy for years Periodic tenancy Tenancy at will Tenancy at sufferance Assignment or sublease: By tenant: absent an express restriction in the lease, a tenant may freely transfer his leasehold interest. Assignment – An assignment occurs when the assignor assigns his entire interest under the lease to another. The assignee…

Possessory Interests: Estates In Land Present possessory interests. Fee Simple absolute – “To A” or “To A and his heirs” Defeasible fees – estates that can terminate upon event happening Fee simple determinable – terminates upon the happening of a stated event and automatically reverts to the grantor “To A so long as/until/while” Potential for…