Fee Simple Subject To Condition Subsequent
A fee simple subject to a condition subsequent is created when the words of a grant support the conclusion that the grantor intends to convey a fee simple absolute but has attached a condition to the grant so that if a specified future event happens the grantor will get its fee simple absolute back, provided that the grantor exercises his right of entry(or power of termination). Thus, a fee simple subject to condition subsequent does not end automatically upon the happening of the condition. The future interest is called a "right of reentry" or "right of entry," and the property only reverts back to the original grantor if he exercises this right.
The right of entry is not automatic, but rather must be exercised to terminate the fee simple subject to condition subsequent. To exercise right of entry, the holder must take substantial steps to recover possession and title, for example, by filing a lawsuit. Physical entry is not required, but the holder must do more than just proclaim an intent to take back.
One of the languages used to create a fee simple subject to condition subsequent and a right of entry is "to A, but if A sells alcohol on the land, then grantor has the right of entry(or power of termination)."
Common uses include language such as "may", "but if", "however", or "provided that..."
Read more about this topic: Defeasible Estate
Famous quotes containing the words fee, simple, subject, condition and/or subsequent:
“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)
“All propaganda or popularization involves a putting of the complex into the simple, but such a move is instantly deconstructive. For if the complex can be put into the simple, then it cannot be as complex as it seemed in the first place; and if the simple can be an adequate medium of such complexity, then it cannot after all be as simple as all that.”
—Terry Eagleton (b. 1943)
“Man cannot be free if he does not know that he is subject to necessity, because his freedom is always won in his never wholly successful attempts to liberate himself from necessity.”
—Hannah Arendt (1906–1975)
“The condition that gives birth to a rule is not the same as the condition to which the rule gives birth.”
—Friedrich Nietzsche (1844–1900)
“... the outcome of the Clarence Thomas hearings and his subsequent appointment to the Supreme Court shows how misguided, narrow notions of racial solidarity that suppress dissent and critique can lead black folks to support individuals who will not protect their rights.”
—bell hooks (b. c. 1955)