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.
“But the whim we have of happiness is somewhat thus. By certain valuations, and averages, of our own striking, we come upon some sort of average terrestrial lot; this we fancy belongs to us by nature, and of indefeasible rights. It is simple payment of our wages, of our deserts; requires neither thanks nor complaint.... Foolish soul! What act of legislature was there that thou shouldst be happy? A little while ago thou hadst no right to be at all.”
—Thomas Carlyle (1795–1881)
“One merit in Carlyle, let the subject be what it may, is the freedom of prospect he allows, the entire absence of cant and dogma. He removes many cartloads of rubbish, and leaves open a broad highway. His writings are all unfenced on the side of the future and the possible. Though he does but inadvertently direct our eyes to the open heavens, nevertheless he lets us wander broadly underneath, and shows them to us reflected in innumerable pools and lakes.”
—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)