When a deed does NOT specify the estate being conveyed, it is presumed to transfer
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a defeasible fee.
A defeasible fee contains conditions or limitations that could terminate the estate. This is not the presumed estate when a deed is silent, as it represents a more complex form of ownership with potential restrictions, contrary to the presumption of complete ownership.
a fee simple absolute.
an estate for years.
An estate for years has a definite duration specified by the parties. When a deed doesn't specify the estate, it cannot be presumed to create a time-limited estate, as this would contradict the presumption of complete ownership.
a life estate.
A life estate lasts only for the duration of a person's life. This is not the presumed estate when a deed is silent, as it represents a limited form of ownership that terminates upon a specific event (death), unlike fee simple absolute.
Why is this correct?
California law presumes fee simple absolute when a deed does not specify the estate being conveyed. This is because fee simple represents the most complete form of ownership, and the law favors this interpretation when the intent is unclear. Fee simple absolute includes all rights of ownership with no limitations or conditions.
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