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Flashcards in Defeasible Fees Deck (4)
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What is a defeasible fee?

present possessory estates subject to conditions


What is a fee simple determinable and what are the common words?

Ends automatically upon the happening of a stated event and transfers possession back to the grantor or heirs. Has a possibility of reverter. Words indicating that the ownership is to last only for a certain time period. The conveyance either requires a certain condition to exist for the present estate to continue or requires the present estate to terminate upon the happening of a particular even.
a. COMMON WORDS: “as long as”, “so long as”, “during”, “while”, “unless”, “until”.


Fee Simple Subject to Condition Subsequent

Allows the grantor to reclaim the property upon occurrence of the condition but does not make a transfer of ownership automatic. Instead, the grantor must claim a right of entry or a power of termination.
a. COMMON WORDS: “but if”, “provided that”, “on condition that”.


Fee Simple Subject to Executory Limitation/Executory Interest.

Defeasible fee followed by a future interest held by another party not the grantor.
i. Shifting- shifting from one grantee to the other. O→A for life, then to B and his heirs if B marries S.
ii. Springing- springs from the grantee back to the grantor and then to another grantee. The gap must be avoidable. EX. O→A for life, and one day after A’s death, to Barry and his heirs.