General Real Property Law: Estates in Land

Alluvium or Alluvion

Soil deposits washed up naturally by rivers or streams.

Riparian Rights

The rights of owners of land adjacent to or abutting on watercourses such as streams and rivers.

Title

Ownership and all the rights that go with it.

Right of Reentry

The future interest left in the transferor of property who transfers an estate on condition subsequent.

Dower

The wife's interest in the estate of her husband, recognized in some states.

Estate

"The degree, quantity, nature and extent of interest that a person has in real and personal property." In other words, it is everything that a person owns and includes even leasehold interests in property that the person does not own.

Homestead

A tract of land that is owned and occupied as the family home. In many states, a portion of the area or value of this land is protected or exempt from judgments for debts. "Homestead" is actually protection of a portion of the value or equity of the family home from claims of unsecured creditors.

Life Estate

Any estate in real or personal property that is limited in duration to the life of its owner or the life of some other designated person. If the estate is measured by the lifetime of a person other than its owner, it is called a life estate *pur autre vie.* A life estate is a freehold estate, but is not inheritable.

Pur Autre Vie

For the life of another. A life estate pur autre vie is measured by the life of a person other than the life tenant.

Littoral Property

Land bordering on the shore of a lake, sea or ocean and thus affected by the changes in the tides or water table.

Navigable Waters

A body of water capable of carrying a commercial vessel and large enough to ebb and flow (a "highway for commerce"). The U.S. Army Corps of Engineers has authority over navigable waters. (See riparian rights).

Freehold Estate

A freehold estate is an estate of ownership. In other words, the holder of a freehold estate owns the land and the ownership is not subject to any claims of ownership by the government or fealty to lords. The owner freely holds the land and all appurtenances. Freehold estates last for an indefinite length of time, such as for a lifetime or forever. They include *fee simple* (also called fee simple absolute or indefeasible fee), *defeasible fee* (also called fee simple defeasible) and *life estates.* The first two of these estates continue for an indefinite period and may be passed along to the owner's heirs. A life estate is based on the lifetime of a person and ends when that individual dies.

Remainder Estate

A future interest in real estate created at the same time and by the same instrument as another estate, and limited to arise immediately upon the termination of the prior estate.

Avulsion

A loss of land through the sudden tearing away of soil such as by a flood or earthquake.

Prior Appropriation

A theory of water law regarding the right to divert water from a water source. Under the doctrine of prior appropriation, the right to use to water commercially is vested in the state. Riparian owners must obtain permission from the state to use the water for anything other than domestic purposes.

Fee Simple Defeasible

An estate in land in which the holder has a fee simple title subject to being divested upon the happening of a specified condition. There are two categories of fee simple defeasible estates—fee simple determinable and fee simple subject to a condition subsequent.

Fee Simple Subject to a Condition Subsequent

An estate in real property that contains a prohibited use, such as a conveyance from A to B so long as no pornographic materials are sold on the property. The grantor holds a right of re-entry which may be exercised upon the violation of the condition.

Fee Simple Determinable

An estate in real property that is based on a condition precedent (something that must be done). An example would be a conveyance from A to B so long as B uses the property as a church. A violation of the condition could result in a reversion of the title back to the grantor.

Freehold

An estate of ownership in real property; those estates that have a potentially indefinite duration (fee simple) or a period of years incapable of exact determination (life estate).

Estate

The degree, quantity, nature and extent of ownership interest that a person has in property.

Reversion

The estate remaining in the grantor, or the estate of a testator, who has conveyed a lesser estate from the original. In a life estate, the estate conveyed to the life tenant may revert back to the original grantor upon the death of the life tenant.

Reliction

The gaining or losing of land caused by water receding or changing course.

Fee Simple Absolute

The highest interest in real estate recognized by law. Fee simple ownership is absolute (unconditional) ownership: the holder is entitled to all rights to the property. It is limited only by public and private restrictions, such as zoning laws and restrictive covenants. Because this estate is of unlimited duration, it is said to run forever. Upon the death of its owner, it passes to the owner's heirs or as provided by will. A fee simple estate is also referred to as an estate of inheritance or simply as fee ownership.

Curtesy

The husband's interest in the estate of his wife, recognized in some states.

Fee Simple(Absolute)

The maximum possible estate one can possess in real property. A fee simple estate is the least limited interest and the most complete and absolute ownership in land; it is of indefinite duration, freely transferable and inheritable.

Accretion

The process of gaining land through the washing up to soil deposits (alluvium or alluvion).

Riparian rights

The rights of property owners along Rivers and streams. Littoral rights are the rights of property owners along Lakes, seas and oceans.

Fee simple defeasible (or defeasible fee)

This type of estate is subject to condition and comes in 2 types 1. Fee simple subject to a condition subsequent - which allows the grantor of the estate to take back the estate if a certain condition is not met. (ex. A grant of land "on the condition that" there be no consumption of alcohol on the premises is a fee simple subject to a condition subsequent. If alcohol is consumed on the property, the former owner has the right to reacquire full ownership. It will be necessary for the grantor (or the grantor's heirs or successors) to go to court to assert that right, however.) 2. Fee Simple Determinable - An estate given with certain limitations. If the limitation is breached, the property automatically reverts back to the owner without the need for legal action (ex. A grant of land from an owner to her church "so long as the land is used only for religious purposes" is a fee simple with a special limitation. The church has the full bundle of rights possessed by a property owner, but one of the "sticks" in the bundle—the "control" stick, in this case—has a string attached. If the church ever decides to use the land for a nonreligious purpose, the original owner will, in effect, "yank the string" and title will revert to her (or to her heirs or successors). A conditional estate—that is, its existence is conditioned upon the occurrence or nonoccurrence of some specified event. Two types of defeasible estates exist: those subject to a condition subsequent and those subject to a special limitation. TIP: The term defeasible is derived from the same Latin word from which we get the word defeat. So, if you remove the letter "s" in the word defeasible and replace it with a "t," you get d-e-f-e-a-t-i-b-l-e. So, you can think of a fee simple defeasible as an estate that can be defeated if a certain condition is not met. It is a conditional estate whereas a fee simple absolute estate is unconditional or indefeasible.

Nonfreehold Estate (sometimes called a "less than freehold" estate)

When a person has a leasehold interest in real estate (he/she is renting the property), the person has what type of estate?

Freehold Estate.

When a person owns land it's referred to as what type of estate?