Defeasible Estate - Fee Simple Subject To An Executory Limitation

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!
    Ev’rything free in America
    For a small fee in America!”
    —Stephen Sondheim (b. 1930)

    “Such simple things,
    And we make of them something so complex it defeats us,
    Almost. Why can’t everything be simple again?...”
    —John Ashbery (b. 1927)

    “A healthy man, with steady employment, as wood-chopping at fifty cents a cord, and a camp in the woods, will not be a good subject for Christianity. The New Testament may be a choice book to him on some, but not on all or most of his days. He will rather go a-fishing in his leisure hours. The Apostles, though they were fishers too, were of the solemn race of sea-fishers, and never trolled for pickerel on inland streams.”
    —Henry David Thoreau (1817–1862)

    “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)