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The holder of which of the following would be a “nonfreeholder?”

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Question & Answer

Review the question and all answer choices

A

Life estate

A life estate grants ownership for the duration of a person's life. As a freehold estate, the life tenant has ownership rights that can be inherited upon death, making the holder a freeholder, not a nonfreeholder.

B

Defeasible fee

A defeasible fee is a type of freehold estate that can be terminated under specific conditions. Despite this potential limitation, it still represents ownership of an inheritable interest in land, making the holder a freeholder.

C

Unrecorded vendor’s deed

An unrecorded vendor's deed represents ownership interest in property, though recording provides protection. Regardless of recording status, the holder has a freehold estate and is therefore a freeholder, not a nonfreeholder.

D

Estate for years

Correct Answer

Why is this correct?

An estate for years is a leasehold (less-than-freehold) estate with a definite beginning and end date. Since it's not a freehold estate, its holder is a tenant or lessee, not an owner with inheritable rights, making them a nonfreeholder by definition.

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