Defeasible Fees

Question 1

Fee Simple Deteriminable

Answer 1

Capable of lasting forever, but if durational period ends, then property automatically reverts to grantor or 3P.

Language: “so long as” / “while” / “during” / “until”

Future interest: possibility of reverter

Question 2

Fee Simple Subject to Condition Subsequent

Answer 2

Capable of lasting forever so long as a specific condition doesn’t occur.

Language:

• “but if” / “on the condition that” / “provided that”
• Words of mere hope and desire are insufficient.

Future interest: right of reentry. Forfeiture not automatic upon violation condition, grantor/3P must take some action to exercise right of reentry.

Question 3

Fee Simple Subject to Executory Interest

Answer 3

Fee simple ends upon the happening of some condition or event. Similar to FSD or FSSCS.

Future interest held by 3P instead of grantor

Question 4

Future Interests in Defeasible Fees

Answer 4

Possibility of Reverter:

1. Future interest held by grantor following FSD
2. Interest vests automatically after the durational period ends

Right of Reentry

1. Future interest held by grantor following FSSCS, aka “power of termination”
2. Doesn’t vest automatically– must take some action to reclaim property.