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Old 09-19-2007, 12:05 PM
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ProJuMp2001 ProJuMp2001 is offline
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Default Freehold estate fee sub pre and det

Why do people make this so confusing let me know if this is all it is..


Fee simple precedent: do this, and you get the property. (must paint house red)

fee simple subsequent: If you don't stick to the deal (paint it red) after you get property I can get it back. (When person finished painting the house and had received the deed, he turned around and changed it to blue)

fee simple determinable: as long as you are keeping to the deal you keep property but if you don't stick with the deal I get it back asap. (as long as it stays red he keeps it) change it to a church but keep it red you are ok.

Why do so many people think the last one fee simple determinable is only for as long as the property is being used for what it was supposed to be used for.

now I know that is a fine example but it could be any condition. I could say as long as you do not drink on the property you will keep it.

just the same as saying as long as it is being used as a park you can keep it.

every book says as long as a condition is being met but why do so many people seem to think its only as long as the property is being used for what it was intended to be used for.. like i said that is a example but It could be for any condition not just what the property was supposed to be used for.

as long as you do not drink beer on the property works just fine, and if that person wants to change the park to a church that would be just fine as long as no beer is on the land.

am i right?
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Old 09-19-2007, 12:40 PM
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Default Re: Freehold estate fee sub pre and det

Damn you have some interesting posts. You can't possibly be running into all of these problems your posting about.

I'm no Lawyer but you are correct. Fee simple determinable with a special limitation is what you are talking about.

In Illinois, there's a 40 year cap on the original grantor's right.
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Old 09-19-2007, 03:03 PM
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Default Re: Freehold estate fee sub pre and det

same in CT
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Old 09-19-2007, 05:04 PM
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Default Re: Freehold estate fee sub pre and det

whats up with your what ifs. The last made me think a little
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Old 09-20-2007, 07:54 AM
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Default Re: Freehold estate fee sub pre and det

Thanks

I don't have anymore what ifs.

for now.

My book will say stuff like

"Designated agency" involves appointing or "designating" one or more individual agents in a firm to represent only the interests of the seller and one or more different individual agents in the firm to represent only the interests of the buyer when a firm has an "in-house" dual agency situation. In the typical situation, the agent working with a firm's buyer-client will be named as the buyer's designated agent and the listing agent will be named as the seller's designated agent"

can broker designate himself?

I would think yes but it can make you think the broker must designate two salespersons for each side.
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