A fee simple estate to which certain conditions or limitations attach, such that the estate may be defeated or terminated upon the happening of an act or event. Also called a fee simple subject to a condition subsequent estates. Back to the Top
An estate in land in which the holder has a fee simple title subject to being divested upon the happening of a specified condition; also called a qualified fee or a defeasible fee. There are two categories of fee defeasible estates--fee simple determinable and fee simple subject to a condition subsequent. The term fee simple determinable implies that the duration of the estate can be determined from the deed itself. This is not true of a fee simple subject to a condition subsequent, in which case the estate's duration depends on the grantor's independent choice of whether to terminate the estate. (See fee simple determinable, fee simple subject to a condition subsequent)
A fee simple estate that can be lost by violation of a condition or use restriction placed in the transfer by the grantor.
Form of ownership which comes to the current owner with conditions which must be maintained or conditions which must not occur for the owner to maintain possession. For instance, if someone grants a property to be used by the county as a park only and the county decides to build a shopping center, the property reverts back to the original owner or her heirs.
A fee simple estate that can be lost or defeated by the happening of some event which occurs after the initial grant, e.g., a breach of a condition as contained in a deed restriction.
The owner of the property holds a fee simple title contingent upon certain conditions.
When a person has outright ownership of real estate (free of any liens or other claims against title), but the use of the property is restricted.
Sometimes referred to as a Fee Simple Determinable; it is a fee ownership with a condition or limit which, if broken, could result in loss of title.
A condition in which someone has outright ownership of real estate, free of any liens or other claims against title, but whose use of the property has restrictions.
Fee simple ownership that can be defeated and returned to the grantor should a particular event occur.
The owner of the property holds a fee simple title subject to certain conditions.
