Property

Question 1

When is a Fee Simple Subject to Condition Subsequent created?

Answer 1

When the grantor retains the power to terminate the grantee’s estate upon the happening of a specified event.

Usually created with the following words: “upon condition that,” “provided that,” “but if,” and “if it happens that.”

Question 2

With a fee simple subject to condition subsequent, when does the grantee’s estate cease?

Answer 2

When the grantor exercises his right of entry/power of termination by suing or making reentry.

Question 3

When does a fee simple determinable terminate?

Answer 3

Automatically on the happening of a state event and it reverts back to the grantor.

Question 4

When is a fee simple determinable created?

Answer 4

Usually with durational, adverbial language such as, “for so long as,” “while,” “during,” and “until.”

Question 5

General policy of courts regarding termination of estates?

Answer 5

Courts generally avoid forfeiture so where terms are ambiguous, there is a presumption in favor of the fee simple subject to condition subsequent.

Question 6

Future interest pass at death by will or inheritance unless…

Answer 6

subject to an express or implied contingency of survival.