Future Interests Notes CHAPTER ONE I. II. Blackacrethe traditional metaphor for an interest in real property a.

Usually, it is represented by a ray. Four Present, Possessory Estates a. The Fee Simple Absolute i. X is entitled to the present possession of Blackacre; ii. X is entitled to the future possession of Blackacre until X dies; iii. Xs heir, as determined by the Canons of Descent, is entitled to possession of Blackacre immediately upon Xs death; 1. Canon of Descentis the closer relative has a better claim. When two persons had equal relationship to the deceased owner of Blackacre, (1) males took over females and (2) the eldest took over the younger. Females shared equally if there were no males. iv. the heir of Xs heir, as likewise determined, is entitled to the possession of Blackacre immediately upon the death of Xs heir; v. and so on, through an indefinite succession of heirs; and b. Fee Tail i. As with the fee simple, possession of Blackacre is without condition, other than those restrictions that society might place upon private property rights. ii. Blackacre is inheritable only by the direct lineal descendants of the original owner. iii. Blackacre is not freely alienable. The only thing that any owner may alienate is the right to possession for the life of that owner; on the owners death, the property passes automatically to that owners direct lineal heir. c. Life Estate d. Fee Simple Determinable