An estate that may come to an end before its maximum duration has run because of the operation of a special limitation, a condition subsequent, or an executory limitation. • If an estate is defeasible by operation of a special limitation, it is called a determinable estate.
defeasible fee 〈英〉可失效的世袭地产权 非限嗣继承地产〔estate in fee〕可能因未来的意外事故而失效，如一项确定的剩余地产权〔vested remainder〕可能因为剩余地产权人〔remainderman〕在遗赠生效前死亡而失效。 (→determinable fee)
A title voidable on the occurrence of a contingency, but not void on its face. [Cases: Estates in Property 6. C.J.S. Estates §§ 13–14.]
An estate that is defeasible by operation of a special limitation. — Also termed determinable freehold.
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indefeasible (in-d[schwa]-feez-[schwa]-b[schwa]l), adj. (Of a claim or right) not vulnerable to being defeated, revoked, or lost (an indefeasible estate).
A vested remainder that will be destroyed if a condition subsequent occurs. • An example is “to A for life, and then to B, but if B ever sells liquor on the land, then to C.” — Also termed remainder subject to divestment. [Cases: Remainders 10. C.J.S. Estates §§ 88–89, 91–92.]
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A fee simple defeasible that is subject to divestment in favor of someone other than the grantor if a specified event happens (e.g., “to Albert and his heirs, but if the property is ever used as a parking lot, then to Bob”). — Also termed fee simple subject to an executory interest. [Cases: Estates in
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jus crediti (j[schwa]s kred-i-tI). [Latin “the right of credit”] Roman & Scots law. A creditor’s right to a debt; a creditor’s right to recover a debt through legal process. Cf. JUS EXIGENDI. “[T]he term is frequently used in contradistinction to a mere spes, or defeasible expectancy. This jus crediti is often of great importance; for
confirmatio (kon-f[schwa]r-may-shee-oh). [Latin “confirmation”] Hist. A confirmation of a voidable estate. See CONFIRMATION(3). confirmatio crescens (kon-f[schwa]r-may-shee-oh kres-enz). [Latin “growing confirmation”] A confirmation that enlarges an estate. confirmatio diminuens (kon-f[schwa]r-may-shee-oh di-min-yoo-enz). [Latin “diminishing confirmation”] A confirmation that decreases the services that a tenant must perform. confirmatio perficiens (kon-f[schwa]r-may-shee-oh p[schwa]r-fish-ee-enz). [Latin “perfecting confir-mation”] A confirmation that ratifies