Monthly Archives: April 2017

We often counsel consumer and commercial clients on property rights.  Often, those discussions begin with a primer on property law.  This blog entry breaks down the types of ownership estates as well as the method of ownership.  In subsequent weeks we will post entries on forms of deeds, mortgage rights and responsibilities, mechanic’s liens, construction projects and surety bonds. If you find these articles helpful, or if you have additional questions, please don’t hesitate to contact us. A. Ownership estates of real property 1. Freehold Estates a. Fee Simple Fee simple estate is the most common type of ownership and grants a complete interest in land for use. Indiana recognizes five subsets of fee simple estates: i. Fee Simple Absolute: An estate in fee simple absolute is the owner’s to do with as wished and cannot be revoked.  However, the land is subject to seizure due to non-ownership issues, such as taxes, settlement of a judgment, and the like. ii. Fee Simple Determinable: An ownership interest that reverts to the grantor upon the happening of a stated event. A fee simple determinable is also known as a “determinable fee.” Commonly created with deeds that include words of limitation like “as long as,” “so long as,” “while,” “during,” or “until.”  Once the stated event occurs, or ceases to occur, the interest automatically reverts to the grantor. As an example, a deed that conveys property to a church so long as the property is used for church purposes, is a fee simple determinable.  If the property ceases to be…