Real Property

Modern law presumes a fee simple from a conveyance "to A" with no limiting words; the common law required the words "and his heirs." In "to A and his heirs," the heirs are words of limitation and take no interest.

It is the largest estate: potentially infinite in duration, freely alienable inter vivos, devisable by will, and descendible by intestacy, with no future interest following it.

Durational words such as "so long as," "while," "during," or "until" create a fee simple determinable; when the event occurs, the estate ends automatically and the grantor's possibility of reverter becomes possessory.

A fee simple subject to condition subsequent uses conditional language ("but if," "provided that," "on condition that") and does not end automatically on breach; the grantor must elect to exercise the retained right of entry (power of termination).

A fee that is cut short on a stated event in favor of a third party rather than the grantor; the third party holds a shifting executory interest and takes automatically when the event occurs.

The life tenant may possess, use, and take ordinary rents and profits, and may convey the interest; the life tenant must pay ordinary taxes and mortgage interest (up to the income or rental value of the land), make ordinary repairs, and avoid waste.