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In property law, a condition subsequent is an event which terminates a party's interest in a property. [6] When land rights are subject to a condition subsequent, this creates a defeasible fee called a fee simple subject to condition subsequent. In such a fee, the future interest is called a "right of reentry" or " right of entry."
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 ...
This type of future interest follows a fee simple subject to a condition subsequent. A grantor has the power of termination when an estate may return to the grantor if a condition is violated and the grantor decides to reclaim the estate. This type of grant may occur when the grantor wants the option of deciding the severity of the violation.
A defeasible estate is created when a grantor places a condition on a fee simple estate (in the deed). When a specified event happens, the estate may become void or subject to annulment. There are two types of defeasible estates: fee simple determinable and the fee simple subject to a condition subsequent.
Fee simple estates may be either fee simple absolute or defeasible (i.e. subject to future conditions) like fee simple determinable and fee simple subject to condition subsequent; this is the complex system of future interests (q.v.) which allows concepts of trusts and estates to elide into actuarial science through the use of life contingencies.
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fee simple. fee simple absolute—most rights, least limitations, indefeasible; defeasible estate—voidable possession and use fee simple determinable; fee simple subject to a condition subsequent; fee simple subject to executory limitation; finite estate—limited to lifetimes life estate—fragmented possession and use for duration of ...
For instance, a grant to X. and his heirs to the use of A., provided that when C. returns from Rome the land shall go to the use of B. in fee simple. B. is said to take under a conditional limitation, operating by executory devise or springing or shifting use. [1] In American law, this creates a fee simple on condition subsequent.