Fee Simple Absolute. “To A and his heirs.” “To A” = Words of Purchase [who takes] “and his heirs” = Words of Limitation [what is taken]

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Presentation transcript:

Fee Simple Absolute

“To A and his heirs.” “To A” = Words of Purchase [who takes] “and his heirs” = Words of Limitation [what is taken]

Texas Property Code § (a) An estate in land that is conveyed or devised is a fee simple unless the estate is limited by express words or unless a lesser estate is conveyed or devised by construction or operation of law. Words previously necessary at common law to transfer a fee simple estate are not necessary. (b) This section applies only to a conveyance occurring on or after February 5, 1840.

Cole v. Steinlauf “To A and assigns forever.” Does this create: fee simple absolute, or life estate?