Title 70

A thing is deemed to be incidental or appurtenant to land when it is by right used with the land for its benefit, as in the case of a way or watercourse or of a passage for light, air, or heat from or across the land of another.

The names and classification of interests in real property have only such application to interests in personal property as is in this code expressly provided.

Estates in real property, in respect to the duration of their enjoyment, are either: (1) estates of inheritance or perpetual estates; (2) estates for life; (3) estates for years; (4) estates from year to year, quarter to quarter, month to month, week to week, day to day, and for …

Every estate of inheritance is a fee, and such estate, when not defeasible or conditional, is a fee simple or an absolute fee.

Estates tail are abolished, and every estate which would be at common law adjudged to be a fee tail is a fee simple and, if no valid remainder is limited thereon, is a fee simple absolute.

When a remainder in fee is limited upon any estate that would by the common law be adjudged a fee tail, the remainder is valid as a contingent limitation upon a fee and vests in possession on the death of the first taker without issue living at the time of the first taker's death…

Estates of inheritance and for life are called estates of freehold; estates for years and estates embraced by the provisions of 70-15-202(4) are chattels real; and estates at will are chattel interests but are not liable as such to sale on execution.

An estate during the life of a third person, whether limited to heirs or otherwise, is a freehold.

The absolute ownership of a term of years cannot be suspended for a longer period than the absolute power of alienation can be suspended in respect to a fee.

A future estate may be limited by the act of the party to commence in possession at a future day, either without the intervention of a precedent estate or on the termination by lapse of time or otherwise of a precedent estate created at the same time.

A reversion is the residue of an estate left by operation of law in the grantor or the grantor's successors or in the successors of a testator, commencing in possession on the determination of a particular estate granted or devised.

When a future estate, other than a reversion, is dependent on a precedent estate, it may be called a remainder and may be created and transferred by that name.

Subject to the rules of parts 1, 3, and 4 of chapter 1, parts 1 and 2 of this chapter, and part 1 of chapter 17: (1) a freehold estate, as well as a chattel real, may be created to commence at a future day; (2) an estate for life may be created in a term of years and a remainder …

A remainder may be limited on a contingency which, in case it should happen, will operate to abridge or determine the precedent estate, and every such remainder is to be deemed a conditional limitation.

When a remainder of an estate for life or for years is not limited on a contingency defeating or avoiding such precedent estate, it is to be deemed intended to take effect only on the death of the first taker or the expiration by lapse of time of such term of years.

When a remainder is limited to the heirs or heirs of the body of a person to whom a life estate in the same property is given, the persons who on the termination of the life estate are the successors or heirs of the body of the owner for life are entitled to take by virtue of the…

A general or special power of appointment does not prevent the vesting of a future estate limited to take effect in case such power is not executed.

A "power", as the term is used in this part, is an authority to do some act in relation to real property or to the creation or revocation of an estate in or a charge on the real property that the owner granting or reserving the power might personally perform for any purpose.

A power cannot be executed by any person not capable of disposing of real property.

A married person may execute a power during marriage without the concurrence of the spouse unless otherwise prescribed by the terms of the power.

A power can be executed only by a written instrument which would be sufficient to pass the estate or interest intended to pass under the power if the person executing the power were the actual owner.