This form is a Life Estate Deed where the Grantor is an individual and the Grantee is an Individual. Grantor conveys and warrants the described life estate to the Grantee. This deed complies with all state statutory laws.
This form is a Life Estate Deed where the Grantor is an individual and the Grantee is an Individual. Grantor conveys and warrants the described life estate to the Grantee. This deed complies with all state statutory laws.
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A fee simple determinable is a fee simple interest that automatically reverts back to the grantor if a certain condition is met. A fee simple subject to a condition subsequent is a fee simple interest that, if a certain condition is met, allows the grantor the right to repossess that fee simple.
Most often, as in the life estate discusses in the last example the ?measuring life? will be that of the recipient. However, this need not be the case. A life estate can be measured by any life in existence at the time that the interest is created.
The words "heirs of A" are words of limitation. Thus they describe a form of property. So A [named in the words of purchase] acquires a life estate. Because the words of limitation ?heirs of A? are words that describe an estate in fee simple, A also acquires an estate in remainder in fee simple.
The major difference is that while a fee simple determinable automatically ends if the grantee (the person who received the land) does not fulfill the condition, the grantee's interest in a fee simple subject to condition subsequent does not automatically end if the event or condition occurs.
For instance, the following creates a fee simple subject to a condition subsequent: ?to John and his heirs on the condition that no tobacco products are sold on the premises.? If tobacco products are ever sold on the premises, the grantor has the power of termination, also sometimes referred to as the ?right of entry.?