PRESENT ESTATES WORDINGS FUTURE INTEREST IN FUTURE INTEREST COMMENTS

GRANTOR IN 3rd party

Fee Simple Absolute To A and his heirs. None None The ultimate complete ownership

Fee Simple Conditional To A and the heirs of Reversion None Similar to LE, once a son is born alive,
his body. the estate holder can pass to someone as
FSA.
Fee Tail To A and he heirs of Reversion None Similar to FSC, but once a male son is
his body. born alive, the estate holder can only
pass to others as LE.
Fee Simple Determinable O to A so long as …, if Possibility of Reverter: None Like FSA until a “forbidden act”. Even
not … then revert to O spring into effect if violated by a lessee, possibility of
automatically. reverter will kicks in, but so does AP
Fee Simple Subject to Condition Subsequent Right of entry; right of None Once violation, the statute of limitation
reentry; power of starts running for grantor to assert his
termination: requires the right. AP doesn’t automatically starts.
grantor to assert this right
Fee Simple Subject to Executory Interest None Executory Interests: Whenever the future interest is EI
typically spring
automatically unless
otherwise stated.
Life Estate O to A for life then to Reversion (can be implied) Remainders Present holder can use the property the
Ordinary LE … Vested Rem way he wants subject only to the
LE Per autre vie Absolutely concept of Waste.
Defeasible LE VR Subject to Open LE-PAV: the measuring life must be a
VRSCD reasonably person or tractable group of
Contingent Remainder such.
Executory Interest Defeasible life estate will be limited by
condition(s). Future interest can thus be

Term for years To A for “x” years. Reversion (can be implied) Remainder (see above) Similar in action as a LE
PRESENT ESTATE Alienable Devisable Inheritable RAP
Fee Simple Absolute Yes Yes Yes NO
Fee Simple Conditional If son born alive No Yes
Fee Tail If son born alive can give LE No Yes
Fee Simple Determinable Yes Yes Yes
FS Subject Conditional Subsequent Yes Yes Yes
FS Subject Executory Interest Yes Yes Yes
Life Estate Yes, but only for remaining of one’s No No
life  Life estate per autre vei
Term for years Yes, but only for remaining of years No No
FUTURE INTEREST
Grantor:
Possibility of Reverter No in CL No in CL Yes No
Yes in Majority♠ Yes in Majority♠
Right of entry No in CL No in CL No
Yes in Majority♠ Yes in Majority♠
Reversion Yes Yes No
Third Party:
Executory Interest Yes Yes Yes
Remainders:
Contingent Remainders Yes Yes Yes
Absolutely vested remainders Yes No
Vested remainder subject to open Maybe
Vested remainder subject to No
complete divestment

♠ In some states, if alienability and devisability is not allowed, they may destroy the future interest and the present estate will become free