Real Property: The Present Estates: Defeasible Fees
- **Defeasible Fees
- Fee Simple Determinable: (FSDPOR)
- Creation: “To A for as long as” /“To A during”/ “To A until”
- Grantor must use clear durational language
- If stated condition is violated, forfeiture is automatic
- Distinguishing characteristics:
- Devisable/descendible/alienable, but always subject to the condition.
- You may convey less than what you started with, but you can’t convey more—you can’t always get what you want.
- Future interest:
- Possibility of Reverter in the grantor (FSDPOR)
- Fee Simple Subject to Condition Subsequent:
- Creation: “To A, but if X event occurs, grantor reserves the right to reenter and retake”
- Grantor must use clear durational language and
- Must carve out the right to reenter.
- Distinguishing characteristics: (Bobby Brown rule - It’s my prerogative)
- Not automatically terminated, but
- can be cut short at the grantor’s option if the stated condition occurs.
- Future interest:
- Right of entry in the grantor = Power of termination
- Fee Simple Subject to Executory Limitation
- Creation: “To A, but if X event occurs, then to B”
- Distinguishing characteristics:
- If condition is broke, the estate is automatically forfeited in favor of someone other than grantor.
- Future interest:
- Shifting Executory Interest
- Note: 2 rules of construction
- words of desire/hope/intention – insufficient to create a defeasible fee
- absolute restraints on alienation are void—repugnant to public policy.