property

fee simple subject to condition subsequent

A fee simple subject to condition subsequent is a defeasible estate in which the grantor, or the grantor's heirs, keeps a right of re-entry if a stated condition is violated. Unlike a determinable fee, ownership does not end automatically when the condition is broken. The grantor must take legal action to reclaim the property. The deed often uses words like "on condition that" or "provided that."

Exam tip
The key difference tested: a fee simple determinable ends automatically ("so long as," "while," "until"), while a condition subsequent requires the grantor to act to terminate it.
Example
A donor deeds land to a town "on condition that it is used as a park." If the town builds a parking garage, the donor's heirs can sue to re-enter and take back the land.

Related terms & state variants

Sources

Source verification pending. Confirm current requirements with your state regulator.

Last verified: 2026-10-23