together with an express right of entry or power of termination or (2) language providing that the conveyance 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. FSSCS - Fee simple subject to condition subsequent. Merriam Webster. Expert Answer. Explain the basic concept of future interests under American common law. Fee Simple Subject to a Condition Subsequent Definition. 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 . The future interest retained by the grantor is called a power of termination (or a right of entry). 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 that the grantor has the power to terminate upon the occurrence of a stated event, not certain ever to occur. fee simple subject to condition subsequent. Merriam Webster. How is Fee Simple Subject to Condition Subsequent abbreviated? 1996 … Law dictionary. 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. In the case of fee simple subject to condition subsequent, property does not . Fee Simple Absolute vs Fee Simple Defeasible. (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 Determinable based on Willhite v.Masters, Missouri. 3 B. Witkin, Summary of California Law, Real Property § 242 (8th 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 subject to a condition subsequent. A has a Fee Simple Subject to a Condition Subsequent. Fee simple determinable: "A to B as long as [condition]" Breaking the condition leads to an automatic reversion to grantor--possibility of reverter. • It uses words such as "but if", "provided, however", and "on condition that". CONVEYANCES. 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 . To retain a right of entry, the grantor conveys a fee simple defeasible subject to a condition subsequent title. Kris's tenancy is best classified as: Tenancy for . 3 Rest., § 44 describes a "fee simple determinable" as one which expires automatically upon the occurrence of a stated event. When a condition is violated or not met, a fee simple determinable instantly terminates the interest in the property. A has a fee simple subject to a condition subsequent ¾ "if…then" construction B. A's heirs have nothing ¾ Words of limitation; they indicate that it is a fee simple C. G has the right of reentry / power of termination ¾ This is what the grantor retains when he grants a fee simple subject to a condition subsequent 3. A condition subsequent . 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. to a condition subsequent. condition subsequent meaning: an event or a situation that means an official agreement is ended: . Related terms 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. FSSCS stands for Fee Simple Subject to Condition Subsequent. Identify the fee simple on condition subsequent from the words of conveyance that create it. I have it on extremely good authority that (at least under the classic, bare-knuckle, common law RAP) A winds up with a fee simple absolute — notwithstanding that this outcome . But if owners violate these conditions, they might not lose their land. This means that if the condition is violated, the property will automatically revert to the grantor without further action. The event (or nonevent) that triggers the automatic transfer of property back to the grantor is called the condition subsequent. SUBCHAPTER A. 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 . 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. What does fee simple subject to condition subsequent mean?A spoken definition of fee simple subject to condition subsequent.Intro Sound:Typewriter - TamskpLi. 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. In such a fee, the future interest is called a "right of reentry" or " right of entry ." 2. 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. There are 2 types of defeasible estates - fee simple subject to a condition subsequent and fee simple determinable. Thus, the possibility of reverter is the . "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 . If that condition is not met, then the property reverts back to the original owner. [Cases: Estates in Property 7. Possessory Estates - Defeasible Fee Fee Simple on Condition Subsequent Fee Simple on Condition Subsequent is created by (1) language of condition ("provided that," "on condition that," etc.) The related rules section is for members only and includes a compilation of all the rules of law in Quimbee's database relating to this key term. Experts are tested by Chegg as specialists in their subject area. 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. 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 . Who are the experts? "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. : fee simple on condition subsequent at fee simple. The two main types of defeasible fees are "fee simple determinable" and "fee simple subject to a condition subsequent." The difference between the two is that a fee simple determinable interest terminates automatically upon the occurrence or non-occurrence of the event (our example above), while the fee simple subject to a condition . Return to Estates in Property. 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 … . Identify how early termination occurs for a fee simple on condition subsequent. 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. 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. noun. ¡ª Also termed fee simple on a condition subsequent; fee simple subject to a power of termination; fee simple upon condition. (Appraisal Institute 1993, 2002, 2010, 2015) • The Appraisal of Real Estate , 2001. Generally, a person who purchases real property (land) assumes that they own 100% rights in the property. fee simple subject to condition subsequent. 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. 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 . With fee simple defeasible, ownership is transferred with some condition or restriction placed on the property. 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 . CONVEYANCES. Fee simple absolute. 4. 2. simple determinable or a fee simple subject to condition subsequent, neither of which would pose any RAP problem.) We review their content and use your feedback to keep the quality high. 5. noun 0 0 Advertisement 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. This is called a fee tail. Fee simple is the term used to represent the maximum ownership interest in real property that is allowed under the law. Ownership of the property up to this point has been: o Fee simple subject to a condition subsequent. Both a fee simple determinable and a fee simple subject to condition subsequent involve divesting upon the occurrence of the stated event. : a defeasible fee that may be terminated by the grantor or assigns upon the occurrence of an event called also fee simple subject to condition subsequent NOTE: A fee simple on condition subsequent is conveyed by language that creates a right of entry or power of termination in the grantor and that expresses condition ("on condition that . Indeed, I didused to think this. R. M., Future Interests--Fee Simple Absolute or Fee Simple Subject to a Condition Subsequent or Fee Simple Determinable, 59 W. Va. L. Rev. Contributor 100% (9 ratings) 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). In a fee simple determinable estate, an owner maintains an interest in the estate "as long as" a condition is met. What is a condition subsequent property? A condition subsequent . Fee simple subject to a condition subsequent is also termed fee simple on a condition subsequent; fee simple subject to a power of termination; or fee simple upon condition. Estates ¡ì¡ì 13¨C14, 20¨C21.] 10.2.4 Life Estate A life estate is an estate with most of the attributes of a fee simple except that it terminates at the death of the life tenant or other named person. Sec. Carla has a shifting executory interest in fee simple absolute. A "condition subsequent" is a limitation that must be followed after the conveyance. 5.001. Fee Simple Subject to Condition Subsequent: The estate is similar to a fee simple, but has a condition attached. (a) An estate in land that is conveyed or devised is a fee simple unless the estate is limited by express words or unless a lesser estate is conveyed or devised by construction or operation of law. Specifically, HB793/SB1226 makes clear that an original grantor or holder of . Phyllis offers property to a university on condition that the space is used for recreational use only. 1996 … Law dictionary. It can be referred to as "complete ownership". "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. In property law, a condition subsequent is an event which terminates a party's interest in a property. The Fee Simple Determinable A fee simple determinable is an interest in land that will end automatically if a certain specified event happens. 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. 3. Fee simple subject to condition subsequent. Phyllis does not repossess the property. That is, they assume that they own the property in fee simple. In property law, a condition subsequent is an event which terminates a party's interest in a property. Boland has a vested remainder in fee simple absolute. (i) If conditions for defeasible fees occur the title can transfer but if a covenant is broken the grantor can only sue for an injunction or damages, not future interest. 5 years has passed, but Kris still uses the space and pays Lionel rent. Looking for abbreviations of FSSCS? O has a right of entry. (Simes and . Boland has a vested remainder subject to total divestment (or subject to an executory limitation or subject to a condition subsequent). 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. Thus, the property does not automatically shift to the original owner. 2. Carla has nothing. Established by conditional language, these estates are followed by a right of entry . Information and translations of fee simple subject to condition subsequent in the most comprehensive dictionary definitions resource on the web. CHAPTER 5. Fee simple subject to condition subsequent - How is Fee simple subject to condition subsequent abbreviated? If the conditions aren't met, the property ownership can be voided. The court interpreted the deed as a valid conveyance subject to a condition subsequent, for which the grantor retained a right of re . List the key characteristics of modern future interests. 1. b. Aleisha still has a life estate. FSSCS is defined as Fee Simple Subject to Condition Subsequent rarely. It is Fee simple subject to condition subsequent. FEE SIMPLE. Civil Code § 768. Fee simple subject to a condition subsequent; Fee simple determinable; Fee simple absolute; Indeterminable with the given information; Lionel had a rental agreement with Kris for Kris to lease storefront space for 5 years. 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. 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. There are 3 types of future interests given to grantees: vested remainders, contingent remainders, executory interests. When land rights are subject to a condition subsequent, this creates a defeasable fee called a fee simple subject to condition subsequent. English [] Noun []. noun. o Fee simple absolute Condition subsequent — refers to an event or state of affairs that brings an end to something else. 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. A fee simple subject to condition subsequent is created using words of _____condition_____. Defeasible estates have additional conditions on a fee simple property or estate written into the deed. Related rules. Examples of language used: o "O to A on condition that property is used for residential purposes; in the event it is not so used, O shall have a right of entry" o "O to A, but if used for nonresidential purposes, O shall have the power to terminate the grant" o "O to A provided that the . Fee simple ownership subject to condition subsequent is similar to fee simple ownership, but it has a condition attached and is followed by a right of entry. Future Interests Given to Grantees. SIMPLE Not compounded, alone; as, simple interest, which is interest . 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 . 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. A. Meaning of fee simple subject to condition subsequent. This kind of fee is created when the deed uses words of condition, but the grantor must take steps to terminate the fee . This is the first of the three types of fee simple defeasible. 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. 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. Condition subsequent — refers to an event or state of affairs that brings an end to something else. 1. If the condition is violated, the property owner potentially forfeits his interest in the land through a right of re-entry. Absolute ownership unencumbered by any other interest or estate; subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. See Latham v Illinois Central Railroad Co., 253 Ill 93, 97 NE 254 (Ill 1912). Learn more. C.J.S. ( 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. Login Source: Merriam-Webster's Dictionary of Law ©1996. Property owned in fee simple defeasible or fee simple subject to condition subsequent may have been bequeathed to heirs generations ago. Alas, I was wrong. That's because the original owners don't automatically retake possession. What CA calls a "power of termination" is what most jurisdictions call a "fee simple subject to condition subsequent". The person who grants the property interest retains a "possibility of reverted,". "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 . 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"). A fee simple determinable is an estate in fee that automatically reverts to the grantor upon the occurrence of a specified event. Words previously necessary at common law to transfer . This page introduces the property concept of fee simple determinable; that is, even though an individual is considered the owner of land, the previous owner, at the time the land was transferred to the current owner, may have imposed a limitation on the current owner's use of the land and if that . When land rights are subject to a condition subsequent, this creates a defeasable fee called a fee simple subject to condition subsequent . This means subsequent owners or heirs are also subject to the condition as part of ownership of the estate. If the triggering event occurs, the holder must take steps to establish possession of the land. Fee simple subject to condition subsequent listed as FSSCS. Fee Simple Determinable. fee simple subject to condition subsequent. Other jurisdictions have them, but call them something different. grantor intended that the fee estate automatically expires on the occur­ rence of the event.4 If an estate is granted in fee subject to a condition subsequent, the grantor is said to retain a right of entry upon breach of the condition. 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. 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. Fee simple estate. However, the grantor must obtain a court order to re-enter the property. Brown v. Haight, 435 Pa. 12, 255 A.2d 508 (1969); Smith v. A fee simple determinable estate is a type of a fee simple defeasible estate. 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 . Condition Subsequent. 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). Ten years later, the university builds a math lab on the property. The most complete form of ownership is title in fee. GENERAL PROVISIONS. A fee simple with a condition attached. 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 .

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