Fee Simple Subject To An Executory Limitation
A fee simple subject to an executory limitation is an estate that ends when a specific condition is met and then transfers to a third party. The interest will not revert to the grantor. If the condition is met, the grantee loses the interest and the third party gains it automatically.
Example:
O grants Blackacre to A and A's heir; but if A ever accepts a candy bar from C, then to B and B's heirs.
Here, O is the original owner. She grants A a fee simple subject to the subsequent condition that he doesn't accept a candy bar from C. But unlike a fee simple subject to a condition subsequent, Blackacre goes to a third party (B) instead of the grantor (O) if the condition is met. Also unlike a fee simple subject to a condition subsequent, B then automatically gains the interest in Blackacre and does not only have a mere right to sue for re-entry.
What would happen if the property were conveyed? Let's say A sold Blackacre to D. If A afterwards accepted an offer for a candy bar from C, Blackacre automatically goes to B. But if A died without ever accepting a candy bar from C, the condition could not possibly be met. D would then have a fee simple absolute.
Read more about this topic: Defeasible Estate
Famous quotes containing the words fee, simple, subject and/or limitation:
“..for a prostitutes fee is only a loaf of bread, but the wife of another stalks a mans very life.”
—Bible: Hebrew, Proverbs 6:26.
“Christina Bailey: I was just thinking how much you can tell about a person from such simple things. Your car, for instance.
Mike Hammer: Now what kind of message does it send you?
Christina: You have only one real, lasting love.
Mike: Now who could that be?
Christina: You. Youre one of those self-indulgent males who thinks about nothing but his clothes, his car, himself. Ill bet you do push-ups every morning just to keep your belly hard.”
—A.I. (Albert Isaac)
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—Dorothy Arzner (19001979)
“When we get to wishing a great deal for ourselves, whatever we get soon turns into mere limitation and exclusion.”
—George Eliot [Mary Ann (or Marian)