FILING QUIET TITLE ACTION

Defeasible Fee Simple(s) Flashcards What is the future interest following a FSD called if it's transferred to another transferee?Executory interest Right of Entry/Power of Terminationaccompanies only the fee simple subject to condition subsequentTraditionally, the transferor would physically re-enter the land and retake possession through SELF-HELPToday, many states allow the transferor to end the estate by GIVING NOTICE to the transferee or by

FILING QUIET TITLE ACTION

What are the types of fee simple defeasible estates?Fee Simple DeterminableFee Simple Subject to a Condition SubsequentFee Simple Subject to an Executory Limitation Fee Simple Subject to an Executory Limitation (FSSEL)A defeasible estate created in a transferee that is followed by a future interest in another transferee.;THUS FUTURE

INTEREST IS HELD BY A THIRD PARTY

(transferee)Requires:- words of duration ("so long as" ;

"during"; "while"; "until") OR words of condition ("but if",

"provided that", "on condition that")Future Interest:- the

future interest in a FSSEL is called "Executory interest" What is a defeasible fee simple?At the common law: defeasible estates are estates that may end upon the occurence of some future event.Defeasible fee simple- often used to make gifts of land to public entities or charitable institutions-A grantor may want to transfer ownership right only for a specific

purpose, (ex: park, church, etc) if the intended use ends,

the grantor wants the property to be returned.Example of FSDO conveyed Greenacre, "to A and her heirs so long as the property is used for residential purposes only; and if the property is is ever used fro commercial purposes, title in A shall immediately terminate and revest isn't he grantor, his

heirs, and assigns."O transfers: a FSDAfter the transfer

from O, A has: present interest, but O did not transfer his

entire fee simple absolute in A.O retained a future interest following As' FSD Fee Simple Determinable (FSD)A defeasible estate created in the transferor-A fee simple estate that AUTOMATICALLY ENDS when a certain event or condition occurs, giving the right of possession to the

grantor/transferor.Requires:- DURATION language ("so

long as" ; "during"; "while"; "until") that expresses the transferor's intent- for the estate to automatically terminate if the event or conditions occurs, AND- for title to

automatically revest in the transferor.Duration:- Potentially

infinite; it will last so long as the event or contingency by which it is limited does not occur.Future interest in FSD is "possibility of reverter"-- A possibility reverter can ONLY be RETAINED by the transferor (or his heirs); it cannot be created in a transferee-- Possibility reverter AUTOMATICALLY BECOMES POSSESSORY upon the happening of the stated condition.- Future interest is either

in the transferor or a transfereeAt common law: FSD could

only be transferred by intestate successionModernly

Today: FSD is alienable , devisable, and descendible in

most jurisdictions.Fee Simple Subject to Condition Subsequent (FSSCS)Defeasible estate created in the transferorFSSCS may be terminated when a certain condition or event occurs; however, the estate DOES NOT AUTOMATICALLY END; rather, the transferor has the power to terminate the estate by TAKING ACTION/exercising (right of ENTRY aka

"power of termination")Requires:- Affirmative act for grantor

to reclaim- Has conditional language: ("but if", "provided

that", "on condition that"),- Right of Entry in the transferor if

condition is breachedDuration: potentially infinite--To

Terminate Estate FSSCS:- transferee must breach the

condition- transferor must exercise right of entry; title remains with transferee until the transferor exercises his

right of entry.Future Interest:- Can only be retained by the

transferor (or his heirs); it cannot be created in a transferee

• Transferor can file an action against the transferee, either

for ejection or to quiet title)- when the condition occurs, the transferor can "elect" to re-enter the property, divesting the

transferor of possession.@COMMON LAW: the right of

entry could not be assigned or devised; it could only be transferred through intestate

succession@MODERN-TODAY: the future interest is

alienable (conveyed by deed), devisable (by will), and descendible (intestate succession) in most jurisdictions.-- When transferred to someone else, it STILL REMAINS a FSSCS still subject to condition Possibility of ReverterThe right retained when a fee simple determinable is granted.Some states infer a FSD even if the language is not included in the transferring instrument, but you would be flirting with malpractice if you left it out. THUS THE

LANGUAGE NEEDS TO BE INCLUDED.EX: "...and if the

property is ever used for commercial purposes, title in A

shall immediately terminate and revest in the grantor, his heirs, and assigns."A reverter cause will not be inferred (Hall v. Quinn)