Legislation
ARTICLE 6
Classification, Creation, Definition Of, and Rules Governing Estates In Property
Estates, Powers & Trusts (EPT) CHAPTER 17-B
ARTICLE 6
CLASSIFICATION, CREATION, DEFINITION OF, AND RULES GOVERNING
ESTATES IN PROPERTY
PART 1. ESTATES CLASSIFIED AS TO DURATION
Section 6-1.1 Estates classified.
6-1.2 Estates tail abolished; future estates limited thereon.
6-1.3 When estate for life of third person is real property;
when personal property.
PART 2. ESTATES CLASSIFIED AS TO NUMBER OF PERSONS
Section 6-2.1 Estates in severalty, joint tenancy, tenancy by the
entirety and in common.
6-2.2 When estate is in common, in joint tenancy or by the
entirety.
PART 3. ESTATES CLASSIFIED AS TO TIME OF ENJOYMENT AND
CREATION
Section 6-3.1 Estates in possession and future estates.
6-3.2 Kinds of future estates.
6-3.3 Concerning the creation of certain future estates.
6-3.4 When future estates are created.
PART 4. ESTATES DEFINED
Section 6-4.1 Definition of an estate in possession.
6-4.2 Definition of a future estate.
6-4.3 Definition of a remainder.
6-4.4 Definition of reversion.
6-4.5 Definition of a possibility of reverter.
6-4.6 Definition of right of reacquisition.
6-4.7 Definition of a future estate indefeasibly vested.
6-4.8 Definition of a future estate vested subject to open.
6-4.9 Definition of a future estate vested subject to complete
defeasance.
6-4.10 Definition of a future estate subject to a condition
precedent.
PART 5. RULES GOVERNING FUTURE ESTATES
Section 6-5.1 Characteristics of future estates.
6-5.2 Power of appointment not to prevent vesting.
6-5.3 Future estates in the alternative.
6-5.4 Implication of cross remainders between tenants in
common.
6-5.5 Future estate valid though contingency improbable.
6-5.6 Meaning of heirs, distributees and issue in certain
remainders.
6-5.7 Posthumous children.
6-5.8 Heirs or distributees of life tenant take as purchasers.
6-5.9 Heirs or distributees of creator take as purchasers.
6-5.10 When future estates are defeated.
6-5.11 Non-destructibility of remainders subject to a condition
precedent.
6-5.12 Future rents and profits subject to rules governing
future estates.
PART 6. DISPOSITION OF COMMUNITY PROPERTY RIGHTS AT DEATH
Section 6-6.1 Application.
6-6.2 Rebuttable presumptions.
6-6.3 Disposition upon death.
6-6.4 Perfection of title.
6-6.5 Purchaser for value or lender.
6-6.6 Effect and construction of part.
6-6.7 Short title.
CLASSIFICATION, CREATION, DEFINITION OF, AND RULES GOVERNING
ESTATES IN PROPERTY
PART 1. ESTATES CLASSIFIED AS TO DURATION
Section 6-1.1 Estates classified.
6-1.2 Estates tail abolished; future estates limited thereon.
6-1.3 When estate for life of third person is real property;
when personal property.
PART 2. ESTATES CLASSIFIED AS TO NUMBER OF PERSONS
Section 6-2.1 Estates in severalty, joint tenancy, tenancy by the
entirety and in common.
6-2.2 When estate is in common, in joint tenancy or by the
entirety.
PART 3. ESTATES CLASSIFIED AS TO TIME OF ENJOYMENT AND
CREATION
Section 6-3.1 Estates in possession and future estates.
6-3.2 Kinds of future estates.
6-3.3 Concerning the creation of certain future estates.
6-3.4 When future estates are created.
PART 4. ESTATES DEFINED
Section 6-4.1 Definition of an estate in possession.
6-4.2 Definition of a future estate.
6-4.3 Definition of a remainder.
6-4.4 Definition of reversion.
6-4.5 Definition of a possibility of reverter.
6-4.6 Definition of right of reacquisition.
6-4.7 Definition of a future estate indefeasibly vested.
6-4.8 Definition of a future estate vested subject to open.
6-4.9 Definition of a future estate vested subject to complete
defeasance.
6-4.10 Definition of a future estate subject to a condition
precedent.
PART 5. RULES GOVERNING FUTURE ESTATES
Section 6-5.1 Characteristics of future estates.
6-5.2 Power of appointment not to prevent vesting.
6-5.3 Future estates in the alternative.
6-5.4 Implication of cross remainders between tenants in
common.
6-5.5 Future estate valid though contingency improbable.
6-5.6 Meaning of heirs, distributees and issue in certain
remainders.
6-5.7 Posthumous children.
6-5.8 Heirs or distributees of life tenant take as purchasers.
6-5.9 Heirs or distributees of creator take as purchasers.
6-5.10 When future estates are defeated.
6-5.11 Non-destructibility of remainders subject to a condition
precedent.
6-5.12 Future rents and profits subject to rules governing
future estates.
PART 6. DISPOSITION OF COMMUNITY PROPERTY RIGHTS AT DEATH
Section 6-6.1 Application.
6-6.2 Rebuttable presumptions.
6-6.3 Disposition upon death.
6-6.4 Perfection of title.
6-6.5 Purchaser for value or lender.
6-6.6 Effect and construction of part.
6-6.7 Short title.