Defeasible definition of defeasible by merriamwebster. When a person owns a fee simple absolute estate interest, that person has the absolute right to use the land, possess it, dispose of it through sale, will, gift, or in any other manner, and even. An interest in real property that may be defeated upon the happening of a certain described event. Defeasible estate law and legal definition uslegal, inc. Potentially subject to defeat, termination, or annulment upon the occurrence of a future action or event, or the performance of a condition subsequent. Defeasible reasoning is a useful tool when many facts about a situation are unknown. When the condition is violated in a defeasible fee title to the property reverts back to the grantor. These requirements are prima facie obligations, which are taken to be defeasible or open to being overridden by conflicting obligations. The only exceptions which exist are the basic four government regulations, which are taxation, escheat, eminent domain, and police power, and, or a covenants restrictions on a deed. Equal or unequal undivided ownership between two or more people is what characterizes this type of ownership. Defeasible estates defeasible estates university of houston law. Defeasible estates fee simple subject to executory limitation o to a and her heirs until b marries, then to b o to a and her heirs, however if b marries, then to b the future interest created when a grantor creates either a fee simple determinable or a fee simple subject to condition subsequent and rather than retaining a. Defeasance is a provision that voids a bond or loan when the borrower sets aside cash or bonds sufficient enough to service the borrowers debt.
A defeasible fee estate may also be qualified by a special limitation. If you do not pass your test, simply contact us with your failure notice and we will refund you in full. The most common legal application of the term is with respect to estates as interest in land, such as in the case of a conveyance or a life estate, which is defeasible upon the happening of a certain specified event, for example, the. Types of fee simple defeasible include fee simple determinable, fee simple subject to condition subsequent, and fee simple subject to executory limitation. This type of limitation to ownership isnt common, especially in normal transactions selling homes and even commercial properties. When the rights of ownership in real estate are dependent on the occurrence or nonoccurrence of a certain event, it is known as a defeasible fee estate. A defeasible estate is created when a grantor transfers a land on the happening of an event or a condition stated by the grantor. Information and translations of defeasible in the most comprehensive dictionary definitions resource on the web. Were happy to present the second amount of the handbook of defeasible reasoning and uncertainty management methods. In contrast, a less than freehold estate is held for a fixed, defined period. Dec 22, 2019 a fee simple defeasible title is the second most powerful means of owning property. This statement would not stand up to rigorous reasoning, because the earth could.
Oct 29, 2018 defeasible fee plural defeasible fees an estate in land that may be divested from its current owner upon the occurrence of an event set forth by the grantor in the grant. Guidelines on fees the second example is more substantial. Jul 15, 2019 defeasance is a provision that voids a bond or loan when the borrower sets aside cash or bonds sufficient enough to service the borrowers debt. This paper attempts to demonstrate the wide variety of characteristic properties of defeasible argumentation, of which nonmonotonicity is one. Their value and purpose would be undermined if the security was always defeasible on a transfer of his reversion by the reversioner each of these wouldbe reasons is defeasible and has been more than adequately seen off in argument during recent weeks the judge gave two examples of fixed charges over assets which are defeasible at the will of the chargor. What you should know about estates for the real estate. Besides being fallible, it seems that a priori justification is defeasible, that is, allthingsconsidered a priori justification can be defeated by further evidence the relations between states and events are computed as strong probabilities, in the process called defeasible reasoning these constraints are ranked as to their strength and they are.
Tuesday tip of the week fee simple defeasible ownership. Many times land use restrictions are implemented in planned communites which one in every eight people in the united states lives in. As a member, youll also get unlimited access to over 79,000 lessons in math, english, science, history, and more. This means that the estate is subject to the occurrence or nonoccurrence of some events specified by the grantor. The decision in hermitage methodist homes of virginia, inc. Note that no legal action is required to retake the property in this case. Fee simple on executory limitation and executory interests lesson 6. Sometimes these are referred to as fee simple defeasible estates or qualified fee estates and there.
There are three rule types in many defeasible logics, strict rules whose conclusion is true so long as. Jun 10, 2005 this paper attempts to demonstrate the wide variety of characteristic properties of defeasible argumentation, of which nonmonotonicity is one. A warranty deed is a legal instrument in which the party granting the deed more or less guarantees that he will give the transferee fee simple title. To carrie provided that if the property is used for any uses other than recreation, grantor shall have the right to reenter the property and cause the grantee to forfeit the estate. A defeasible fee simple is a fee simple estate that could be removed for a reason established in the granting document. Both the fee simple defeasible subject to a condition subsequent and the fee simple determinable require that some condition be satisfied or that an event. Three types of defeasible estates are the fee simple determinable, fee simple subject to an executory limitation or interest, and the fee simple subject to a condition subsequent. These types of provisions are deed restrictions and the deeds specifically contain the restrictive language. In order to cover the case of infinite theories, it is necessary to add yet another condition to the preferential models. The accounting charge for the noncallable debt is defeasible by an escrow.
Defeasible definition and meaning collins english dictionary. Fee simple defeasible financial definition of fee simple. This can be represented more precisely as the following prima facie reason. Leasehold estates are considered interests in real estate because they give some rights to the tenant, such as a right to exclusive possession and use of all or some portion of the property, while the owner retains some rights, such as ownership, the right to collect rents, and the right to sell the property. Although it may sound like more, this type of ownership is by one person or a corporation.
All three types of defeasible fees have potentially infinite duration like fsa, but only if the stated event does not occur property i outline pg. Defeasible definition of defeasible by the free dictionary. Title that could be void or revoked at a future date or for a particular reason. There are three kinds of defeasible fee simple estates. What renders this title defeasible is not a vested proprietary interest, but a mere equity held by the transferor. Handbook of defeasible reasoning and uncertainty management pdf. On the analysis of regulations using defeasible rules. Abney is often cited as an example of the last type of restriction in fee simple defeasible ownership. A freehold estate is an estate in which you have exclusive rights to enjoy the possession of a property for an undefined length of time.
Possessory estate wex us law lii legal information. Notwithstanding this textbook analysis, most courts when. Defeasible fees contain conditions or restrictions in the deed between the grantor and the grantee. Jeff is selling a commercial building to peter, but also is acting as the financier. Because a defeasible estate always grants less than a full fee simple, a defeasible estate will always create one or more future interests.
A fee estate in real property that may be defeated or undone if certain events occur or conditions are not met. In other words, defeasible reasoning produces a contingent statement or claim. It comprises part of the griffith university guidelines on fees. An example of defeasible reasoning would be the statement that the sun will rise tomorrow. Because a defeasible estate always grants less than a full fee simple, a defeasible estat create one or mo rests. Plus, get practice tests, quizzes, and personalized coaching to help you succeed. Defeasible definition is capable of being annulled or made void. Defeasible definition, capable of being annulled or terminated. Dictionary entry details defeasible adjective sense 1. This term applies to any condition where ownership of the property is dependent on the occurrence or nonoccurrence of a certain event. Ifc and most fs are gs is a prima facie reason for gc. Fee simple defeasible constitutes ownership of both the building and the underlying land subject to a condition.
There are three kinds of defeasible fees, each with a corresponding future interest. Entin the supreme court of virginia recently upheld the validity of a whitesonly provision in an educational trust. Here is an example of the three types of fee simple defeasible. One type of deed restriction is a deed that conveys a defeasible fee rather than a fee simple absolute. Toward a model law of estates and future interests washington. The holder of a fee simple defeasible may hold or convey the property, by the and those who take from him must use the property subject to a restriction.
To do so, we introduce a simple formalism, called abstract argumentation system, with which we discuss different methods for raising arguments. Defeasible logic is a nonmonotonic logic designed to be implemented in prolog 4, 64. Because a defeasible estate always grants less than a full fee simple, a defeasible estate. Defeasible estates twothree defeasible fees simple 1. Some examples of these types of restrictions are defeasible fees, easements, equitable servitudes, and restrictive covenants. Karl schlechta schlechta 1997 has proved that the restriction of these theorem to finite models is a necessary one. In other words,someone must take an action in order for the estate to come to an end. Real estate interests vary both in types of interest and in their duration, and whether such interests are transferrable. Taking probgf to be the probability of an arbitrary f being a g, this can be regarded as a qualitative version of the following principle of statistical infer. The relationship between fee simple title and a warranty deed is not comparative. A fee simple absolute is the least restrictive of all estates i. These are private deed restrictions and not government land use controls so planning and zoning would not be involved.
A wealthy senator left a large parcel of land to his city macon. The exception is stronger than the general rule in case the exception rule is applicable, of course. Gain more insights from legalmatchs online law library today. Amy conveyed a deed to carrie that created the following estates. What leads to the creation of private restrictions on the. If an event or happening occurs, the transfer could be void.
A fee simple defeasible title is the second most powerful means of owning property. For example, if a title is given to an individual on the contingency that the individual does not get married before the age of 29 and the individual gets married before 29, the title can be revoked. Defeasible reasoning notes stanford encyclopedia of. Law law of an estate or interest in land capable of being defeated or rendered void 2. Philosophy philosophy of a judgment, opinion, etc having a presupposition in. A fee simple defeasible estate is an estate in which the duration of ownership is subject to. Fee simple defeasible a fee simple defeasible is a special condition found in some deeds. Example sentence with the word defeasible azdictionary. Fee simple defeasible definition is a feesimple estate that may come to an end under a stipulated provision. If youre looking for a free download links of handbook of defeasible reasoning and uncertainty management pdf, epub, docx and torrent then this site is not for you. The powerful ownership of fee simple defeasible real estate.
Defeasible reasoning reasoning with many unknown factors. Fee simple defeasible conditional estate grants owner all of the incidents of a from gbl 323 at michigan state university. A fee simple defeasible estate is an estate in which the duration of ownership is subject to some condition, of which there are 2 types defeasible means capable of being annulled or voided. Defeasible reasoning is a particular kind of nondemonstrative reasoning, where the reasoning does not produce a full, complete, or final demonstration of a claim, i. Fee simple defeasible definition of fee simple defeasible. A fee simple defeasible is a fee simple that deals with the conveyance of a property with conditions. Here we have a situation where the rights of the new owner are automatically terminated and ownership reverts to the previous owner if a certain limitation is violated.
Defeasible fee and the birth of the modern residential subdivision. Defeasible fees, state action, and the legacy of massive. What leads to the creation of private restrictions on the use. Uncertainty pervades the precise world and ought to subsequently be addressed by every system that makes an try and characterize reality. This statement would not stand up to rigorous reasoning, because the earth could stop turning or the sun could suddenly explode into a nova. Fee simple defeasible conditional estate grants owner all. Here are the four most common types of property ownership. The forms of ownership recognized in american common law. Sep 29, 2016 defeasible reasoning meaning defeasible reasoni. Definition of fee simple estate in real estate and exceptions.