Fee tail
Absolute [ NO future interests ]
Things Prof. Miller does N OT care about*: 1. The fee tail 2. The Doctrine of Worthier Title 3. The Rule in Shelley’s Case 4. The destructibility of contingent remainders 5. The difference between shifting and springing executory interests 6. The correct answer to a Rule Against Perpetuities analysis [ * He kindly asks that you not care either, at least for his class. ]
Present possessory estates in land
Freehold estates
Fee simple Back to Grantor
Determinable [ Possibility of reverter – moves automatically back to Grantor]
Defeasible [ future interests ]
Back to Grantor
Subject to condition subsequent [ Right of re-entry – Grantor must act on it ]
Life estate
Absolute [ future interests ] Reversion ~ Returns to Grantor (vested) Subject to executory limitation [ Executory interest – moves automatically to Third Party ] (subject to the Rule Against Perpetuities)
Goes to Third Party
Remainder ~ Goes to Third Party Contingent ( subject to the Rule Against Perpetuities) Absolute Vested Subject to Divestment Subject to Open (subject to the Rule Against Perpetuities)
Nonfreehold estates (leases) [ future interests ]