Real Property

The largest possessory estate, of potentially infinite duration; created by 'to A' or 'to A and his heirs.' It is fully alienable, devisable, and descendible.

It is alienable (transferable inter vivos), devisable (passes by will), and descendible (passes by intestate succession).

A defeasible fee created by durational language ('so long as,' 'while,' 'until') that ends automatically when the stated event occurs, leaving a possibility of reverter in the grantor.

A defeasible fee using conditional language ('but if,' 'provided that,' 'on condition that') that does NOT end automatically; the grantor retains a right of entry (power of termination) that must be affirmatively exercised.

A defeasible fee that, upon the stated event, passes to a third party rather than the grantor; the third party holds an executory interest.

Courts disfavor forfeitures and prefer the fee simple subject to condition subsequent (which does not end automatically) over the fee simple determinable when language is ambiguous.