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fee simple subject to a condition subsequent

May 31st, 2022

Fee simple defeasible can be broken down into two very similar categories: "fee simple determinable" and "fee simple subject to condition subsequent." In order to paint a better picture, here's a good example of a defeasible: I sell you my property for a fee simple defeasible with the condition that you create an oil well on the land . (1957). ( law) A defeasible fee created with language reserving the right of the grantor to reclaim ownership of the land upon the occurrence of a specified condition (e.g. : fee simple on condition subsequent at fee simple. The breach of the stated condition or the happening of the stated event results in an automatic transfer to a third party transferee, a party other than the original grantor. 1996 Law dictionary. SUBCHAPTER A. Condition subsequent refers to an event or state of affairs that brings an end to something else. 5.001. Condition subsequent refers to an event or state of affairs that brings an end to something else. Explain the basic concept of future interests under American common law. (Appraisal Institute 1993, 2002, 2010, 2015) The Appraisal of Real Estate , 2001. together with an express right of entry or power of termination or (2) language providing that the conveyance "so long as", "until", "while") which causes ownership of a property to revest in a third party identified by the grantor if that condition comes aboutJoe gives Mike an estate in land "so long as no . Said another way, the fee simple determinable is a fee simple interest that is subject to a restriction that has the potential to terminate the interest. 2. If the condition is violated, the property owner potentially forfeits his interest in the land through a right of re-entry. (Simes and . The fee simple subject to executory limitation can be defined as a fee simple estate that is made defeasible by attaching a condition or event to the conveyance. FEE SIMPLE. Fee Simple Determinable. Condition Subsequent. noun. (law) A defeasible fee created with language reserving the right of the grantor to reclaim ownership of the land upon the occurrence of a specified condition (e.g. Defeasible estates have additional conditions on a fee simple property or estate written into the deed. A fee simple determinable is an estate in fee that automatically reverts to the grantor upon the occurrence of a specified event. List the key characteristics of modern future interests. But if owners violate these conditions, they might not lose their land. What does fee simple subject to condition subsequent mean?A spoken definition of fee simple subject to condition subsequent.Intro Sound:Typewriter - TamskpLi. The future interest retained by the grantor is called a power of termination (or a right of entry). A fee simple that the grantor has the power to terminate upon the occurrence of a stated event, not certain ever to occur. C.J.S. Fee simple subject to condition subsequent. 3 B. Witkin, Summary of California Law, Real Property 242 (8th Source: Merriam-Webster's Dictionary of Law 1996. This kind of fee is created when the deed uses words of condition, but the grantor must take steps to terminate the fee . When land rights are subject to a condition subsequent, this creates a defeasable fee called a fee simple subject to condition subsequent . Specifically, HB793/SB1226 makes clear that an original grantor or holder of . A "fee simple subject to condition subsequent" is a type of fee simple defeasible estate that maintains the estate ownership unless an event or situation occurs. A fee simple subject to a condition subsequent is a fee simple that does not automatically end when a predetermined condition occurs but could terminate if the grantor chooses to use a power that has been reserved in the deed. This language creates a fee simple subject to a condition subsequent and not a fee simple determinable because the word "forever" denotes that the grant is permanent subject to both the condition and the grantor taking some active step to re-claim the property. The sole issue for our consideration is whether the estate created by the deed was a fee simple determinable or a fee simple subject to a condition subsequent. Fee simple estate. CONVEYANCES. Condition Subsequent or Fee Simple Determinable R. M. West Virginia University College of Law Follow this and additional works at: https://researchrepository.wvu.edu/wvlr . The most complete form of ownership is title in fee. Fee simple subject to condition subsequent: "A to B, but if [condition] A may reenter" Breaking the condition gives the grantor the option of reclaiming the res--right of reentry. A fee simple determinable estate is a type of a fee simple defeasible estate. What is a condition subsequent property? "if X event occurs, grantor reserves the right to reenter and retake"); upon occurrence of the condition, the grantor may decide to retake ownership or not. Words previously necessary at common law to transfer . Freehold estates made up of the fee simple absolute estate, the fee simple determinable estate, the fee simple subject to a condition subsequent estate, the fee tail estate, and the life estate. Distinct from a fee simple absolute, a fee simple determinable is an estate that has a provision that automatically reverts the property to the grantor if an event happens. Fee Simple Subject to Condition Subsequent "O to A and his heirs; however, if the land is not used as a library, then to O" It may be cut short or divested at the transferor's election when a condition occurs. Phyllis does not repossess the property. A defeasible fee created with language reserving the right of the grantor to reclaim ownership of the land upon the occurrence of a specified condition ( e. g. " if X event occurs, grantor reserves the right to reenter and retake "); upon occurrence of the condition, the grantor may decide to . Login 1996 Law dictionary. It uses words such as "but if", "provided, however", and "on condition that". 1. A has a fee simple subject to a condition subsequent "ifthen" construction B. A's heirs have nothing Words of limitation; they indicate that it is a fee simple C. G has the right of reentry / power of termination This is what the grantor retains when he grants a fee simple subject to a condition subsequent 3. A fee simple with a condition attached. The court interpreted the deed as a valid conveyance subject to a condition subsequent, for which the grantor retained a right of re . o Fee simple absolute Generally, a person who purchases real property (land) assumes that they own 100% rights in the property. Brown v. Haight, 435 Pa. 12, 255 A.2d 508 (1969); Smith v. Kris's tenancy is best classified as: Tenancy for . Fee simple subject to condition subsequent listed as FSSCS. FSSCS is defined as Fee Simple Subject to Condition Subsequent rarely. Who are the experts? There are 2 types of defeasible estates - fee simple subject to a condition subsequent and fee simple determinable. fee simple subject to executory interest (plural fee simples subject to executory interest) A defeasible fee created with clear durational language expressing a condition (e.g. A defeasible fee created with language reserving the right of the grantor to reclaim ownership of the land upon the occurrence of a specified condition ( e. g. " if X event occurs, grantor reserves the right to reenter and retake "); upon occurrence of the condition, the grantor may decide to . noun. A condition subsequent . This is the first of the three types of fee simple defeasible. b. Aleisha still has a life estate. 5 years has passed, but Kris still uses the space and pays Lionel rent. Boland has a vested remainder in fee simple absolute. Fee simple defeasible can be broken down into two very similar categories: "fee simple determinable" and "fee simple subject to condition subsequent." In order to paint a better picture, here's a good example of a defeasible: I sell you my property for a fee simple defeasible with the condition that you create an oil well on the land . Depending on the wording of the conditions in the deed, the estate will be either fee simple determinable or fee simple subject to a condition subsequent. Merriam Webster. Fee Simple Subject to a Condition Subsequent The estate dictates some action or activity that they new owner must not perform The former owner tenants a right of re-entry, called reversionary right, so that if the condition is broken, the former owner can retake possession of the property through court proceeding. Sec. In property law, a condition subsequent is an event which terminates a party's interest in a property. A has a Fee Simple Subject to a Condition Subsequent. Carla has nothing. A. When land rights are subject to a condition subsequent, this creates a defeasable fee called a fee simple subject to condition subsequent. FSSCS stands for Fee Simple Subject to Condition Subsequent. There are 3 types of future interests given to grantees: vested remainders, contingent remainders, executory interests. fee simple subject to condition subsequent. 4. "if X event occurs, grantor reserves the right to reenter and retake"); upon occurrence of the condition, the grantor may decide to retake ownership or not. Both a fee simple determinable and a fee simple subject to condition subsequent involve divesting upon the occurrence of the stated event.

Fee simple is the term used to represent the maximum ownership interest in real property that is allowed under the law. Fee simple subject to condition subsequent is similar to fee simple defeasible in that owners again must meet certain conditions to retain ownership of their properties or land. Other jurisdictions have them, but call them something different. Often called a "must not do" or "but if" estate, this version of the fee simple defeasible estate stipulates certain events or conditions that must be avoided. Indeed, I didused to think this. Boland has a vested remainder subject to total divestment (or subject to an executory limitation or subject to a condition subsequent). Carla has a shifting executory interest in fee simple absolute. to a condition subsequent. Merriam Webster. Ten years later, the university builds a math lab on the property. As a condition subsequent to this Agreement, the Company shall procure that within 9 months of the 2017 Amendment Effective Date, each Obligor identified in Schedule 2 Part 4 ( Conditions Subsequent - Transaction Security) grants the Transaction Security (in form and substance satisfactory to the Facility Agent ( acting . Related rules. fee simple subject to condition subsequent fee simple subject to condition subsequent: fee simple on condition subsequent at fee simple Merriam Webster's Dictionary of Law. Contributor Phyllis offers property to a university on condition that the space is used for recreational use only. The person who grants the property interest retains a "possibility of reverted,". Information and translations of fee simple subject to condition subsequent in the most comprehensive dictionary definitions resource on the web. O has a right of entry. fee simple subject to condition subsequent fee simple subject to condition subsequent: fee simple on condition subsequent at fee simple Merriam Webster's Dictionary of Law. English [] Noun []. A condition subsequent . 2. 1. Ownership of the property up to this point has been: o Fee simple subject to a condition subsequent. CHAPTER 5.

Both the fee simple defeasible subject to a condition subsequent and the fee simple determinable require that some condition be satisfied or that an event . This means that if the condition is violated, the property will automatically revert to the grantor without further action. It can be referred to as "complete ownership". 5. Typically referring to an interest granted to a party that will become a fee simple (ownership) provided that some condition is met which, if it fails to be met, the property will revert back to the grantor upon the death of that party. Fee Simple Absolute vs Fee Simple Defeasible. FSSCS - Fee simple subject to condition subsequent. The problem presented in such cases is to determine whether the fee simple is to terminate automatically or only upon the exercise by the grantor, his heirs or assigns of the right of reentry. A fee simple defeasible estate is an estate in which the duration of ownership is subject to some condition, of which there are 2 types (defeasible means capable of being annulled or voided). It is Fee simple subject to condition subsequent. Fee simple absolute. If the conditions aren't met, the property ownership can be voided. simple determinable or a fee simple subject to condition subsequent, neither of which would pose any RAP problem.) Also termed fee simple on a condition subsequent; fee simple subject to a power of termination; fee simple upon condition. In contrast, a defeasible fee estate that reverts to the grantor upon a condition that takes effect by operation of law rather than at the option of the grantor . A fee simple subject to condition subsequent is created using words of _____condition_____. O conveys Blackacre to A on the condition that A use the property for farming purposes; in the event that it is not so used, O shall have the right of entry. Thus, the possibility of reverter is the . A "condition subsequent" is a limitation that must be followed after the conveyance. Identify the fee simple on condition subsequent from the words of conveyance that create it. Section 45 describes a fee simple subject to a condition subsequent as one which provides that upon the occurrence of a stated event, the conveyor shall have a power to terminate the estate he . On March 19, 2015, Governor Bill Haslam signed into law HB 793/SB1226, which codifies Tennessee case law regarding transfers of future interests in defeasible fee estates such as a "fee simple subject to a condition subsequent" and a "fee simple determinable.". A fee simple subject to a condition subsequent is very similar to the fee simple determinable except that the violation of the condition would give the original owner the option to take back the property. fee simple subject to a condition subsequent An estate subject to the grantor's power to end the estate if some specified event happens (e.g., "to Albert and his heirs, upon condition that no alcohol is sold on the premises"). Learn more. "Fee simple subject to condition subsequent" doesn't automatically transfer the property back to the grantor if the conditions aren't met or are violated, but it gives the grantor the . Fee Simple Subject to a Condition Subsequent Definition. The fee simple upon condition subsequent can be defined as a fee simple estate that is made defeasible by a condition attached to the conveyance, which condition, if violated, creates a non-automatic right in the original grantor to re-enter and take possession of the land. In the case of fee simple subject to condition subsequent, property does not . 5) Fee Simple Subject to an Executory Limitation (FSSEL) (a) Words of Limitation: Same as FSA, FSD, FSSCS, Fee Tail, Life Estate, Term of Years (b) Future Interests: 3 rd Party - Executory Interest (c) Note - FSSELs didn . Civil Code 768. See Latham v Illinois Central Railroad Co., 253 Ill 93, 97 NE 254 (Ill 1912).

fee simple subject to a condition subsequent

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