Legal Environment of Business

Dr. John Dehrer-Wendt

Interests and Ownerships in Real Property

 

Interest Definition
Fee Simple Absolute

"Land to X"

Owner holds all the rights in the property and can sell or transfer them as they wish. When owner dies, property can be transferred either by will or inheritance to heirs
Fee Simple Defeasible

"Land to U of M so long as the land is used for educational purposes"

Ownership is conditional, not absolute. If the condition fails, fee simple can be terminated
Life Estate

"Land to X for as long as she lives"

Ownership rights last for the life of a specific person. After person dies, rights revert to the original owner to a party designated by original owner
Leasehold Estates Tenancy at Will – Tenancy for as long as both parties

Tenancy for Years – Tenancy for a period stated by a contract

Periodic Tenancy - Tenancy for a period determined by frequency of rent payments

Tenancy at Sufferance – Tenancy without a legal right

Nonpossessory Interests Easement – The right of a person to make a limited use of another’s property (e.g. a path across

Index to Class Notes

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