This page introduces the property concept of fee simple determinable; that is, even though an individual is considered the owner of land, the previous owner, at the time the land was transferred to the current owner, may have imposed a limitation on the current owner's use of the land and if that limitation is violated by the current owner, ownership of the land will transfer to another person (perhaps the previous owner) without the current owner's consent or being paid. "It is the totality of the language in the instrument which determines the interest conveyed." The trial court's judgment quieting title to the property in Caplinger Mills Bridge Preservation Society, Inc. is supported by substantial evidence. A fee simple determinable ends automatically, and the fee simple ownership reverts to the grantor. fee simple determinable: A fee simple estate qualified by a special limitation. Fee Simple Determinable (FSD) An estate that automatically terminates on the happening of a stated event and goes back to the grantor In Craig, grantor conveyed to grantees his home on the condition that the grantees furnish grantor "'with a home, furnish him with necessary board, clothing, medical care, and provide for his burial at his death.'" At common law, it [the right of entry] is neither assignable, devisable or alienable, although it is descendable to the heirs of the grantor. This page introduces the property concept of fee simple determinable; that is, even though an individual is considered the owner of land, the previous owner, at the time the land was transferred to the current owner, may have imposed a limitation on the current owner's use of the land and if that limitation is violated by the current owner, ownership of the land will transfer to another person (perhaps the … fee simple subject to executory interest (plural fee simples subject to executory interest) A defeasible fee created with clear durational language expressing a condition (e.g. "A condition in a deed is not binding if its performance has been rendered impossible by act of the grantor or the party to be benefited thereby, by act of God, or by prohibition or operation of law." In a fee simple determinable, the first taker is entitled to the proceeds of the property disposed of by him. The effect of expressions such as until, so long as, … Ownership of the property up to this point has been: o Fee simple absolute o Fee simple subject to a condition subsequent o Fee simple determinable o Indeterminable with the given information 41. In this video, Kartik Subramaniam at ADHI Schools discusses the concept of fee simple defeasible ownership of real estate. This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional. It necessarily requires an affirmative act of forfeiture because such a "condition operates upon an estate already created and vested, and renders it liable to be defeated." B would have a fee simple interest in the property so long as the property is used as a school. fee simple determinable. An interest in real property that will automatically terminate upon the happening of a certain described event. The Legality of Defeasible Fees If a transfer of real estate is qualified by a "condition subsequent," such as the new owner cannot do something, the former owner would retain the right to initiate legal action to retake the property if the new owner does indeed do the prohibited thing. We disagree. Fee simple defeasible can be broken down into two very similar categories: “fee simple determinable” and “fee simple subject to condition subsequent.” In order to paint a better picture, here’s a good example of a fee simple defeasible: I sell you my property in a fee simple defeasible with the condition that you create an oil well on the land in the next five years. The difference between the 'fee simple determinable' and the 'fee simple on condition subsequent' estate is: If the condition is violated in a fee simple determinable estate; the title automatically reverts to the original grantor or grantor's heirs, or to the designated third person in remainder (remainder person). In English law, a fee simple or fee simple absolute is an estate in land, a form of freehold ownership. Language used to describe limitation includes the words, "so long as," or "while," or "during." Information and translations of fee simple subject to condition subsequent in the most comprehensive dictionary definitions resource on the web. How to pronounce fee simple determinable? Research Institution. Professor Gray, in the first edition of his great work, "The Rule Against Perpetuities," Section 31 and following, contended that the Statute Quia Emptores by putting an end to tenure between feoffor and feoffee of an estate in fee simple, incidentally put an end to possibility of reverter to the feoffer on failure of the condition in a determihable fee. Contrast with fee simple defeasible. The Law of Real Property Conditionable and Determinable Fee Simple Determinable Fee Simple A Determinable Fee Simple is one that comes to an end automatically on the occurrence of the terminating event. The Official Real Estate Agent Directory® Find a real estate agent; Buy/Sell . ", As a general rule, "[f]orfeitures are not favored, and all conditions or provisions in contracts providing for them must be strictly construed." The Fee Simple Determinable. It is said that the grantor retains a possibility of reverter. If you fail to set up the oil well in … Meaning of fee simple subject to condition subsequent. Bookmark question for later More than two years have lapsed since the flouring mill was operated, and by the express terms of the deed the so-called "power right" reserved, ceased and became non-effective. fee simple determinable (Noun) A defeasible fee created with clear durational language expressing a condition (e.g. Obviously, no electricity was or could be provided to a non-existent flouring operation… As the trial court stated in its findings of fact and conclusions of law, "[t]here's been no evidence that they [the utility company] took any affirmative action to not do their part of the agreement." “Fee simple determinable” terminates the interest in a property when conditions are not met or are violated. For example: Explaining Fee Simple Determinable term for dummies . Fee Simple Determinable. This is because, as discussed below, the triggering mechanism that would either automatically terminate the estate created by the 1925 deed, or subject it to forfeiture, has been nullified. (internal citations omitted). . ("Conditions subsequent and reverters are not favorites of the law".). Example: “I grant Blackacre to First Methodist Church ‘for so long as it is used as' (or ‘but only if the property is used for') a church.”. Definition of fee simple subject to condition subsequent in the Definitions.net dictionary. "so long as", "until", "while") which causes ownership of a property to revest in a third party identified by the grantor if that condition comes about. a determinable fee simple estate is one that automatically terminates upon the occurrence of a specified event or the cessation of use for a specified purpose and will revert to the grantor without any entry or other act… Upon the creation of a determinable fee simple estate the grantor retains an interest known as a "possibility of reverter" which is both alienable and devisable…. Appellants argue that the 1925 deed contained a "reverter clause" providing that "upon the failure or refusal of the party of the second part to supply electricity to the [flouring] mill, the conveyed property would revert to the party of the first part, or his assigns." Fee Simple Defeasible A fee simple estate that may continue forever or may end upon the occurrence of some future event. fee simple. Fee Simple Determinable based on Willhite v. Masters, Missouri.Return to Estates in Property. Get the Fee Simple Determinable legal definition, cases associated with Fee Simple Determinable, and legal term concepts defined by real attorneys. Jim has a shifting executory interest that is conditioned upon him converting and using the land as a park. For the interest to exist or to continue to exist, a certain event must happen or not happen. In order to create a fee simple determinable, the words of conveyance must be durational (e.g., as long as, so long as, during, while, or until). Fee simple subject to condition subsequent: "A to B, but if [condition] A may reenter" Breaking the condition gives the grantor the option of reclaiming the res--right of reentry. This future interest [determinable fee simple] should be contrasted, however, with a defeasible fee simple estate, which gives rise to a right of entry for a condition broken, i.e., "the right of entry for condition broken retained by the grantor of a fee upon condition subsequent ...." "[T]he fee conveyed does not automatically terminate upon condition broken." A "fee simple" refers to a sub-category of such interests that features an absence of any temporal condition limiting its durational period under common law, whereas the highest possible form of ownership interest that can be held in A "fee" is a vested, inheritable, present possessory interest in land. The interest will revert to the grantor or the heirs of the grantor. This limits fee simple ownership rights. "When relied on to work a forfeiture, they must be created in express terms or by clear implication." The reviewing court held that "when [grantor] left [the home], of his own accord, not even advising [grantees] that he would return, it put it out of the power of the [grantees] to render the service contemplated ..." The court concluded that "the present situation is not the fault of the [grantees] and [grantor] can not now hold them responsible for it as it is one of his own making.". "[C]onditions subsequent are not favored in law, and are construed strictly, because they tend to destroy estates." Fee simple absolute, also known as fee simple, is the type of… are similar to fee simple absolute estates, but with the excep… If the estate conveyed is fee simple determinable, the fee is… is similar to the fee simple determinable estate, except that… Fee simple owners can encumber the property as collateral for loans and can bequeath it to a beneficiary in a will, but they’re still restricted from breaking the law or local covenants on or within the property. A fee simple determinable is a fee simple that ends upon the occurrence of a pre-determined event. Buy a Home; Sell a Home; Resources . Established by durational language, fee simple determinable estates are followed by the future estates of a possibility of reverter. Grantees undertook to comply with the understanding, but then grantor departed the home, without advising grantees of his whereabouts. What Is Fee Simple Defeasible Depending on what part of the country you are from, Fee Simple Defeasible is also called a qualified fee estate, conditional fee estate or a determinable fee estate. The clear language of the 1925 deed, provides in part, that if the "operation of the flouring mill is at any time suspended for a period of two (2) years the power right [the right to receive electrical power] herein reserved by first party shall cease and be thereafter non-effective." With a fee simple determinable estate, the grantor need not even go to court. Life Estate. fee simple determinable ( plural fee simples determinable ) ( law) A defeasible fee created with clear durational language expressing a condition (e.g. All of these estates impose legal restrictions on the holder's ownership, and buyers should not confuse them with the true fee simple described in Section 1. Similarly, in the instant case, it is undisputed that the flouring mill was never rebuilt following the fire in 1953. Land Grant. Deed vs. Estate Deeds are not a type of ownership. "so long as", "until", "while") which causes ownership of a property to revert to the grantor upon the occurrence of that condition. "so long as", "until", "while") which causes ownership of a property to revert to the grantor upon the occurrence of that condition. Once a condition is not met or is broken, the property ownership reverts back to them automatically… A discussion of the fee simple estates, absolute and defeasible. A fee simple determinable is an interest in land that will end automatically if a certain specified event happens. However, a possibility of reverter does not follow a fee simple determinable subject to an executory interest. n. absolute title to land, free of any other claims against the title, which one can sell or pass to another by will or inheritance. https://financial-dictionary.thefreedictionary.com/fee+simple+determinable, Dictionary, Encyclopedia and Thesaurus - The Free Dictionary, the webmaster's page for free fun content, Interrupting the blight cycle: managing the future of properties in tax foreclosure sales through pre- and post-sale initiatives, Federal Savings and Loan Insurance Corporation, Fee simple subject to condition subsequent, Fee Simple Subject to Executory Limitation. Real Estate Advice; Real Estate Glossary; Real Estate Questions; Real Estate Social; Badges & Links; Company . Willhite v. Masters, Missouri Court of Appeals Southern District, 21872, 03/19/1998. "The agreements or conditions of a deed bind a person who accepts the deed, the grantor, a purchaser from the grantor with notice ... and any assignee or grantee of the grantee in whom the estate on condition is vested. An interest in real property that will automatically terminate upon the happening of a certain described event. Although the distinction between the two types of estates would otherwise be pertinent to the resolution of the instant matter (the first type of estate is alienable/assignable while the latter is not), we need not reach the question as to the correctness of Appellant's argument that the 1925 deed created a determinable fee simple estate. "The intention of the parties must be determined from the language used in the deed where the intention is clearly expressed." All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is for informational purposes only. Normally, a possibility of reverter follows a fee simple determinable. Fee simple determinable: "A to B as long as [condition]" Breaking the condition leads to an automatic reversion to grantor--possibility of reverter. Appellants further contend that since it "was stipulated by all parties that the mill had not been provided electricity since 1953 ... the condition [of the deed] went unfulfilled." Durational language such … Fee Simple Determinable explained. Id. Fee simple determinable. A fee simple determinable is a present possessory estate that terminates upon the happening of a stated event. Jane has a fee simple determinable for a particular set of years. Like "fee" it … Such fees are fee simple because they have the potential to continue indefinitely. This is a redundant form of "fee," but is used to show the fee (absolute title) is not a "conditional fee," or "determinable fee," or "fee tail." For example: To A for as long as the property is used for a museum. College of Agriculture, Food Systems, and Natural Resources, Feel free to use and share this content, but please do so under the conditions of our. There are three types of fee simple defeasible. Noun. Student Focused. These are fee simple determinable, fee simple subject to condition subsequent, and fee simple subject to executory interest. . Hence, Appellants maintain … "the property in question reverted to Mr. Whinrey, or his assigns, and ultimately to the Appellants." What does fee simple subject to condition subsequent mean? ("[c]onditions subsequent in deeds, although not favored, will be given effect, when they are clearly created, are not inconsistent with the other terms of the conveyance, and are not rendered impossible of performance by the act of God or by the subsequent conduct of the grantor"). Said another way, the fee simple determinable is a fee simple interest that is subject to a restriction that has the potential to terminate the interest. There are three kinds of defeasible fee simple estates: Fee Simple Determinable: The estate will be automatically terminated if the stated condition occurs. Example: “I grant Blackacre to First Methodist Church ‘for so long as it is used as' (or ‘but only if the property is used for') a church.” When the property ceases being used for the purpose granted, then title automatically reverts back to the grantor or the grantor's heirs. A fee simple determinable is an estate that will end automatically when the stated event or condition occurs. Fee simple ownership provides the owner will full enjoyment and control over the property. With the fee simple determinable, the original owner has the possibility of reverter — the property will revert back to the owner automatically, without having to go to court or re-enter the land if the condition is not satisfied. Don’t get too entrenched in the name though, as the chances … Importantly, once that event occurs, the estate automatically reverts back to the grantor. An example of a fee simple determinable would be: A to B so long as the property is used as a school. By the clear terms of the deed, then, the non-operation of the flouring mill for a period of two years nullified the requirement that the utility furnish electric power to the flouring mill site. Note -- this case was decided 73 years after the property was transferred with the limitation. . The first taker may devise the proceeds, and the executory interest holder has no right to trace and recover those proceeds. 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