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 prostitute’s fee is only a loaf of bread, but the wife of another stalks a man’s very life.”
—Bible: Hebrew, Proverbs 6:26.
“Historians desiring to write the actions of men, ought to set down the simple truth, and not say anything for love or hatred; also to choose such an opportunity for writing as it may be lawful to think what they will, and write what they think, which is a rare happiness of the time.”
—Sir Walter Raleigh (1552–1618)
“The base of all artistic genius is the power of conceiving humanity in a new, striking, rejoicing way, of putting a happy world of its own creation in place of the meaner world of common days, of generating around itself an atmosphere with a novel power of refraction, selecting, transforming, recombining the images it transmits, according to the choice of the imaginative intellect. In exercising this power, painting and poetry have a choice of subject almost unlimited.”
—Walter Pater (1839–1894)
“Liberty has never come from the government. Liberty has always come from the subjects of the government. The history of government is a history of resistance. The history of liberty is the history of the limitation of government, not the increase of it.”
—Woodrow Wilson (1856–1924)