We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Defeasible Estate: A Comprehensive Guide to Its Legal Meaning
Definition & Meaning
A defeasible estate is a type of property ownership that is conditional. It is established when a property owner, known as the grantor, transfers land to another person, known as the grantee, based on specific events or conditions. If these conditions are met or not met, the ownership can be terminated or reverted back to the grantor. This means that the grantee's rights to the property are not absolute but contingent upon the occurrence of certain specified events.
Table of content
Legal Use & context
Defeasible estates are primarily used in real estate law. They can be relevant in various legal contexts, including property transactions, estate planning, and disputes over land use. Understanding defeasible estates can help individuals navigate property rights, especially when creating or contesting property agreements. Users may find it beneficial to utilize legal templates from US Legal Forms to draft agreements that include defeasible estates, ensuring they meet legal requirements.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A property owner grants land to a school district with the condition that it must be used for educational purposes. If the land is used for anything else, the ownership reverts to the original owner.
Example 2: A grantor transfers property to a family member, stating that the property must not be sold. If the family member sells the property, the grantor can reclaim ownership. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Defeasible Estate Variations
California
Recognizes all three types of defeasible estates.
New York
Strictly enforces conditions in fee simple determinable estates.
Texas
Allows for unique conditions in fee simple subject to a condition subsequent.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Fee Simple Determinable
Ownership that automatically ends when a specified condition occurs.
Fee Simple Subject to Condition Subsequent
Ownership that may be terminated if a specified condition occurs, but does not automatically end.
Fee Simple Subject to Executory Limitation
Ownership that transfers to a third party upon the occurrence of a specified event.
Common misunderstandings
What to do if this term applies to you
If you are involved in a property transaction that includes a defeasible estate, it's important to clearly understand the conditions attached to the property. Consider consulting a legal professional for guidance. Additionally, you can explore US Legal Forms for templates that can help you draft or review agreements related to defeasible estates.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.