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)
“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. You’re one of those self-indulgent males who thinks about nothing but his clothes, his car, himself. I’ll bet you do push-ups every morning just to keep your belly hard.”
—A.I. (Albert Isaac)
“The writer, like a swimmer caught by an undertow, is borne in an unexpected direction. He is carried to a subject which has awaited him—a subject sometimes no part of his conscious plan. Reality, the reality of sensation, has accumulated where it was least sought. To write is to be captured—captured by some experience to which one may have given hardly a thought.”
—Elizabeth Bowen (1899–1973)
“Undoubtedly we have not questions to ask which are unanswerable. We must trust the perfection of the creation so far, as to believe that whatever curiosity the order of things has awakened in our minds, the order of things can satisfy. Every man’s condition is a solution in hieroglyphic to those inquiries he would put. He acts it as life, before he apprehends it as truth.”
—Ralph Waldo Emerson (1803–1882)
“And he smiled a kind of sickly smile, and curled up on the floor,
And the subsequent proceedings interested him no more.”
—Francis Bret Harte (1836–1902)