Life Estate With Condition Subsequent

State:
Oregon
Control #:
OR-033-78
Format:
Word; 
PDF; 
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Description

This form is a Life Estate Deed where the Grantor is an individual and the Grantee is an Individual. Grantor conveys and warrants the described life estate to the Grantee. This deed complies with all state statutory laws.

A life estate with condition subsequent is a type of legal arrangement where a person (referred to as the life tenant) is given the right to use and occupy a property for the duration of their life, subject to certain conditions or restrictions. The key characteristic of this type of life estate is the inclusion of a condition subsequent, which states that the estate will terminate automatically if a specified event or condition occurs. Life estates with condition subsequent can be created for various purposes, generally aimed at providing financial support, inheritance planning, or control over the property. Some common types of life estates with condition subsequent include: 1. Life Estate with Reversion: In this arrangement, the ownership of the property reverts to the original granter, or to a specified entity, once the condition subsequent is triggered. For example, the property may revert to the granter if the life tenant remarries or moves out of the property. 2. Life Estate with Remainder or Future Interest: Here, the property ownership is transferred to a designated individual or organization, known as the remainder man, once the condition subsequent is satisfied. The remainder man may be a family member, a charitable organization, or any other chosen beneficiary. For instance, the property may transfer to a charity if the life tenant fails to maintain the property adequately. 3. Life Estate with Power of Termination: This type of life estate allows a third party, often the granter or another specified individual, to terminate the life estate if the condition subsequent is met. The termination power provides an additional layer of control to ensure that the life tenant adheres to the agreed-upon conditions. For instance, the granter may have the power to terminate the life estate if the life tenant fails to pay property taxes. 4. Life Estate with Conditional Use: In some cases, the condition subsequent may restrict the use or purpose of the property during the life estate. For example, the life tenant may be prohibited from renting or selling the property, altering its structural integrity, or changing its designated use. Failure to comply with these conditions can lead to the termination of the life estate. Life estates with condition subsequent can be powerful legal tools to accomplish a variety of goals. It is important to consult with a qualified attorney to draft the necessary documents and ensure that the conditions and intentions are clearly articulated and legally valid.

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FAQ

A fee simple determinable is a fee simple interest that automatically reverts back to the grantor if a certain condition is met. A fee simple subject to a condition subsequent is a fee simple interest that, if a certain condition is met, allows the grantor the right to repossess that fee simple.

Most often, as in the life estate discusses in the last example the ?measuring life? will be that of the recipient. However, this need not be the case. A life estate can be measured by any life in existence at the time that the interest is created.

The words "heirs of A" are words of limitation. Thus they describe a form of property. So A [named in the words of purchase] acquires a life estate. Because the words of limitation ?heirs of A? are words that describe an estate in fee simple, A also acquires an estate in remainder in fee simple.

The major difference is that while a fee simple determinable automatically ends if the grantee (the person who received the land) does not fulfill the condition, the grantee's interest in a fee simple subject to condition subsequent does not automatically end if the event or condition occurs.

For instance, the following creates a fee simple subject to a condition subsequent: ?to John and his heirs on the condition that no tobacco products are sold on the premises.? If tobacco products are ever sold on the premises, the grantor has the power of termination, also sometimes referred to as the ?right of entry.?

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" In this case, Barney has a life estate subject to a condition subsequent. If Barney uses the land to grow corn, the life estate will end when he dies.11-Jan-2022 — A life estate is an estate interest in land that lasts for the life of the life tenant. Fee Simple Subject to Condition Subsequent: The estate is similar to a fee simple, but has a condition attached. A life estate is a legal way to pass the ownership rights of your home to another person. Learn more about creating a life estate and how it works. It has, for example, a speci c representation for a life estate, a di erent rep- resentation for a condition subsequent, and so on. 03-Aug-2023 — The life estate deed reflects the terms of the life estate. Thus, a fee simple subject to condition subsequent does not end automatically upon the happening of the condition. 03-Oct-2022 — But if the gift is of an estate upon condition subsequent and the condition is void, the condition is struck, and the gift becomes absolute.

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Fee Simple Determinable Vs Fee Simple Conditional