700.02 Classification of interests in property as to duration. Interests in property are classified as to duration as:
(1) A fee simple absolute;
(2) A defeasible fee simple which may be a fee simple determinable automatically expiring upon the occurrence of a stated event, a fee simple subject to a condition subsequent with a power in the transferor or the transferor's successors in interest to reacquire the fee by reason of a breach of the condition, or a fee simple with a remainder over to a person other than the transferor or the transferor's successors in interest to take effect upon the occurrence of a stated event; for purposes of this subsection, a stated event can be either the happening, or the nonhappening, of a specified occurrence, and can be either certain or not certain to happen;
(3) An interest for life, which may be created for the duration of a life or lives of one or more human beings;
(4) An interest for years, which is any interest the duration of which is described in units of a year or multiples or divisions thereof;
(5) A periodic interest, which will continue for successive periods of a year, or successive periods of a fraction of a year, unless terminated;
(6) An interest at will, which is terminable at the will of either the transferor or the transferee and has no designated period of duration.
History: 1991 a. 316.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 700 - Interests in property.
700.02 - Classification of interests in property as to duration.
700.03 - Classification of present and future interests.
700.04 - Classification of future interests.
700.05 - Classification of remainders.
700.06 - Interest for life of another; succession.
700.07 - Transferability of future interests.
700.08 - Estate tail becomes fee simple; effect of gift over after attempted estate tail.
700.09 - Interest contingent on death without issue.
700.10 - Remainder to heirs of owner of life interest; abolition of rule in Shelley's case.
700.11 - Interests in “heirs" and the like.
700.12 - After-born persons included in class gift.
700.13 - Remainders presumed not to shorten prior interest; acceleration of remainders.
700.14 - Indestructibility of contingent future interests.
700.15 - Nominal conditions not enforced.
700.16 - Perpetuities and suspension of power of alienation.
700.17 - Classification and characteristics of certain concurrent interests.
700.18 - Determination of cotenancy generally.
700.19 - Creation of joint tenancy.
700.20 - Extent of undivided interests in tenancy in common.
700.21 - Covendors in contracts to transfer.
700.215 - Exception for equitable rights of cotenants and 3rd persons.
700.22 - Exception for bank deposits, checks, government bonds and vehicles.
700.23 - Liability among cotenants for rents and profits.
700.24 - Death of a joint tenant; effect of liens.
700.25 - Applicability of chapter.
700.26 - Applicability of general transfers at death provisions.
700.27 - Disclaimer of transfers during life.
700.28 - Prohibiting unreasonable restrictions on alienation of property.
700.35 - Renewable energy resource easements.