property
fee simple defeasible
A fee simple defeasible is a freehold estate that lasts forever unless a stated condition or limitation is violated, in which case ownership can end. It comes in two main forms: fee simple determinable, which ends automatically when the condition is broken, and fee simple subject to a condition subsequent, which requires the grantor or heirs to take action to reclaim title. The grantor retains a future interest.
- Exam tip
- Watch the wording: "so long as" or "while" signals determinable (automatic end), while "but if" or "on condition that" signals condition subsequent (grantor must act). Both are types of defeasible fees.
- Example
- A donor deeds land to a town "so long as it is used as a public park." If the town builds a parking garage instead, title can revert to the donor.
Related terms & state variants
Sources
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Last verified: 2026-10-23