Real Property & Ownership

This is general common-law property doctrine — the rules that hold across most states, before any state-specific law gets layered on top.

Freehold estates

Fee simple absolute

The most complete form of ownership, with no built-in condition or time limit.

Defeasible fee

Ownership subject to a condition — can end automatically (a fee simple determinable) or require the grantor to affirmatively re-enter (a fee simple subject to a condition subsequent).

Life estate

Ownership measured by a lifetime — the holder's own, or someone else's (pur autre vie).

Future interests

When a life estate or defeasible fee ends, someone else takes over. If that's a third party, it's a remainder. If it's back to the original grantor, it's a reversion.

Deeds

A valid deed needs a granting clause, an adequate legal description, and delivery and acceptance. Deed types differ by how much the grantor warrants:

• General warranty — warrants against defects from the property's entire history, even before the grantor owned it.
• Special warranty — warrants only against defects during the grantor's own ownership.
• Bargain-and-sale — implies the grantor holds title, with no express warranties at all.

Easements and adverse possession

An easement is a right to use someone else's land — for a specific person (in gross) or benefiting an adjoining parcel (appurtenant). Adverse possession lets someone eventually gain title to land they don't own, but only by satisfying every element: possession that is open and notorious, hostile (without permission — not actual ill will), exclusive, and continuous for the full statutory period.