Unless a defeasible estate is clearly intended, modern courts will construe the language against this type of estate. (An estate not subject to such conditions is called an indefeasible estate.) Historically, the common law has frowned on the use of defeasible estates as it interferes with the owners' enjoyment of their property and as such has made it difficult to create a valid future interest.
Upon the happening of the event or condition stated by the grantor, the transfer may be void or at least subject to annulment. Not to be confused with the concept of indefeasibility within property law.Ī defeasible estate is created when a grantor transfers land conditionally.
Estate created when land is transferred conditionally Property law
