Chapter 9 in the Understanding Property Law text discusses the different classifications of estates in land (i.e.,
the type and nature of the different interests in land that a person, or a legal entity, can hold). Estates in land
speak to the relationship between the holder’s title and the land. (Though the historical development of estates
in land in the English common law is not assigned, you may read Chapter 8 to learn more of the historical
background of estates in land.)
The classifications of estates in land remain important in today’s legal system because they remain in use.
Since the fee simple is the predominant estate in use, this practical exercise will show some of the options
available when one transfers title to property by sale, gift, trust, or will.
Chapter 10 of Understanding Property Law covers different types of concurrent ownership. Concurrent
ownership involves the labels, rights, and duties in which 2 or more persons or legal entities can concurrently
own title to property. Concurrent ownership speaks to the relationship between and among the owners of the
land.
INSTRUCTIONS:
A. For the Chapter 9 portion of the assignment on Estates in Land
Select 2 of the 3 types of freehold fee simple estates.
You are required to write an outline summary of 2 of the 3 types of freehold fee simple estates—either the
- fee simple absolute,
- the fee simple determinable,
- or the fee simple subject to condition subsequent—with the following information:
• a definition of each of the 2 selected fee simple estates
• a description of owner’s rights and duties of each of the 2 selected fee simple estates
• an example of the language and instrument that effectively creates each of the 2 selected fee simple estates
• an example of the language or event that effectively terminates each of the 2 selected fee simple estates