freehold vs leasehold

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19 Terms

1
Act of waste
Abuse of a property by a person who holds possession through a life estate
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2
Fee simple
An inheritable estate
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3
Fee simple absolute
Provides the most complete form of ownership and bundle of rights in real property
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4
Qualified fee
An inheritable freehold estate that is defeasible (the grantor can terminate the title). For example, a parent could transfer property to a child as long as the child remained unmarried.
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5
Life estates
Ownership, possession, and control for someone's lifetime
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6
Freehold estates
Ownership for an undetermined length of time; an example is homeownership.
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7
Leasehold estates
An estate for a limited time (e.g., renting, leasing)
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8
Estate for years
An estate for a specified time (e.g., days, months, years)
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9
Periodic estate
An estate that renews itself automatically at the end of each lease period
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10
Estate at will (a.k.a. tenancy at will)
An estate for an unknown period of time; either party may terminate the lease by giving notice to the other.
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11
Curtesy
A husband's interest in the real estate owned by his deceased wife; a form of legal life estate
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12
Escheat
The power of the state to claim property when the owner dies without a will and without heirs or creditors
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13
Homestead
A type of estate that gives the owner special rights in property used as a family home (not valid in all states)
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14
Remainderman
The person receiving title upon the death of the life tenant
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15
Remainder interests
Fee simple present interest in conjunction with receipt of title upon the death of the life tenant
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16
Reversionary interest
Right of repossession of the property by the owner after the end of the life estate
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17
Fee simple defeasible
With a fee simple defeasible estate, the property holder owns the property with all legal rights, but subject to a condition. If the condition is breached, the property may go back to the original owner.
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18
Fee simple determinable
A type of fee simple defeasible, this ends automatically when the stated event or condition occurs. The original owner retains a possibility of reversion. Property is retained "while," "during," or "so long as" the condition occurs; this is the language most often seen in the deed.
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19
Fee simple on condition subsequent
A type of fee simple defeasible, and also known as a fee on condition, this is created when an estate is given on the condition that the owner does or doesn't take a specific action. The grantor has the right of reentry if the condition is violated. The estate doesn't automatically revert to the original owner; it may require legal action on the part of the original owner.
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