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:
“I like to be in America!
OK by me in America!
Evrything free in America
For a small fee in America!”
—Stephen Sondheim (b. 1930)
“How many desolate creatures on the earth
Have learnt the simple dues of fellowship
And social comfort, in a hospital.”
—Elizabeth Barrett Browning (18061861)
“I hate to bring up a subject that may cause you to break out in hives, I said, but what were you thinking of paying me for each of these columns?
We were thinking of something in the high two figures, Navasky said.”
—Calvin Trillin (b. 1940)
“The French are certainly misunderstood:Mbut whether the fault is theirs, in not sufficiently explaining themselves; or speaking with that exact limitation and precision which one would expect ... or whether the fault may not be altogether on our side ... I shall not decide.”
—Laurence Sterne (17131768)