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LSDefine

Simple English definitions for legal terms

Possessory estate

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A quick definition of Possessory estate:

A possessory estate is a type of property ownership where the owner has the right to use and possess the property. There are two types of possessory estates: non-freehold estates (where the tenant does not own the property) and freehold estates (where the tenant owns the property). Freehold estates can be further divided into three types: life estate, fee tail estate, and fee simple estate. A life estate gives the holder the right to use the property for their lifetime, after which it will transfer to another person. A fee tail estate is an old system where the property must be passed down to blood heirs and is no longer used in most places. A fee simple estate is the most common type of property ownership, where the owner has complete control over the property. There are two types of fee simple estates: absolute (where the owner has complete control over the property) and defeasible (where the ownership can be revoked if certain conditions are met).

A more thorough explanation:

A possessory estate, also known as a present possessory estate, is a type of real property ownership where the holder has the current right to possess the property. This is different from a future interest, which is a right to possess the property in the future. Present estates can be divided into Non-Freehold Estates, where the tenant does not hold ownership, and Freehold Estates, where the tenant holds ownership. There are three types of Freehold Estates: Life Estate, Fee Tail Estate, and Fee Simple Estates.

A life estate grants the holder the right to use the property for the duration of their life. At the end of their life, the property will transfer to another person. For example, if a property is granted to A for life, then to B, A will have the property until they die, and then the property will transfer to B.

A Fee Tail Estate is an old system designed to establish family dynasties where the property must be passed down to blood heirs. This system has been abolished in most jurisdictions.

Fee Simple Estates are the most common type of Freehold Estate and grant complete ownership of the property. There are two types of Fee Simple Estates: Absolute and Defeasible.

An absolute fee simple estate is one where the owner has complete control over the property and cannot be revoked by others. However, the property may still be subject to non-property issues like taxes or seizure for unpaid judgments.

A defeasible fee simple is a type of Fee Simple Estate that can be removed for a reason established in the granting document. There are three types of Defeasible Fee Simple Estates:

  • Fee Simple Determinable: The estate will be automatically terminated if the stated condition occurs. For example, if a property is granted to A for as long as it is used as a museum, A will hold the property until it is no longer used as a museum, and then the property will transfer back to the grantor.
  • Fee Simple Subject to Condition Subsequent: The estate is similar to a fee simple, but has a condition attached. If the triggering event occurs, the holder must take steps to establish possession of the property. For example, if a property is granted to A, but if A does not use the property for a museum, then the grantor has the right to take back the property.
  • Fee Simple Subject to an Executory Limitation: A fee simple with a stated event, which if it happens, is automatically divested by an executory interest in a transferee. For example, if a property is granted to A so long as it is used for a museum, but if used for anything else, it will transfer to B.

These examples illustrate how different types of Freehold Estates work and how they can be transferred to other people based on certain conditions.

possession of stolen goods | possessory interest

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21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
WorthlessAttractiveZombie
7:44
My berkeley paragraph finally disappeared. I definitely think it is just an indicator that they are actively reviewing files, and does not mean anything about A, WL, or Rs
WorthlessAttractiveZombie
7:46
Also has anyone's date disappeared for W&L? Mine did last night
7:55
@WorthlessAttractiveZombie: mine did yesterday morning
7:56
Oops sorry I meant Vilanova. Mine disappeared last week
soapy
8:48
UMN under review! As predicted, decisions are gonna come out early December
Minus those random R decisions from UMN yesterday though right? I wonder what happened there. I don’t think I’ve seen a school start the season out with anything but As on here
almost all of my apps have been UR for 6 weeks at this point I feel exhausted waiting for them to finish
Irvine is being snobby and wont start any review until end of Nov.
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