Which estate is a present fee simple limited by durational language such that it terminates automatically on the happening of the condition and ownership returns to the grantor?

Which estate is a present fee simple limited by durational language such that it terminates automatically on the happening of the condition and ownership returns to the grantor?

• A. Fee Simple Subject to Condition Substantial
• B. Fee Simple Subject to Condition Subsequent
• C. Fee Simple Determinable
• D. Life Estate

Answer: (B)

A fee simple determinable is created when the grant uses durational language such as “until,” “while,” or “so long as.” That language makes the holder own the property in fee simple only for the duration specified, and the estate ends automatically when the condition occurs. When that happens, the property reverts to the grantor without any action by the grantor is needed—there is a possibility of reverter that comes into effect automatically. This contrasts with a fee simple subject to a condition subsequent, where the grantor must take affirmative action to reclaim the land after the condition occurs; the ownership does not automatically revert. It also differs from a life estate, which is measured by the life of a person and ends at death, not upon a separate durational condition.

A fee simple determinable is created when the grant uses durational language such as “until,” “while,” or “so long as.” That language makes the holder own the property in fee simple only for the duration specified, and the estate ends automatically when the condition occurs. When that happens, the property reverts to the grantor without any action by the grantor is needed—there is a possibility of reverter that comes into effect automatically.

This contrasts with a fee simple subject to a condition subsequent, where the grantor must take affirmative action to reclaim the land after the condition occurs; the ownership does not automatically revert. It also differs from a life estate, which is measured by the life of a person and ends at death, not upon a separate durational condition.