Ownership and estates

Fee simple defeasible

Ownership that can be lost if a stated condition occurs or a stated use ends

Two forms and the difference is what happens next. A fee simple determinable — "so long as", "while", "during" — reverts automatically when the stated use ends. A fee simple subject to a condition subsequent — "but if", "provided that" — gives the grantor a right of re-entry that must actually be exercised.

How the exam asks about it

The exam signals which one you are looking at through those trigger words, then asks whether title returns by itself or has to be claimed.

Related terms

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