Also known as: defeasible fee · defeasible fee simple · fee simple defeasible · defeasible estate · qualified fee
Written by attorneys · grounded in primary & secondary sources — see below
A possessory estate in land of potentially infinite duration that is subject to termination upon the occurrence of a specified event or condition. The estate ends automatically under a special limitation or executory limitation or may be cut short by exercise of a right of entry under a condition subsequent.
Deborah Dunn conveyed her farmland to her son Demetrius Douglas and his heirs so long as the land remained in agricultural use. When Demetrius later subdivided the property for residential development, the estate terminated automatically under the deed's special limitation. The land returned to Deborah's estate without any further action by her heirs.
Dominion Capital received a federal land grant for a railroad right of way across rural acreage. After the railroad ceased operations and removed the tracks, the estate ended because the land was no longer used for the granted purpose. The United States regained full ownership of the strip without needing to bring an ejectment action.
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Daphne Doyle's will devised her estate to her granddaughter Denise Donovan and the heirs of her body on her father's side. Because Denise had no lineal descendants from that side of the family at her death, the estate terminated. Title passed to the other grandchildren named in the will rather than to Denise's general heirs.
A defeasible fee is an estate of potentially infinite duration that ends or may be cut short upon a stated event or condition. A fee simple absolute has no such terminating limitation and continues indefinitely unless voluntarily conveyed or devised.
Supporting sources
Yes. The owner may sell, mortgage, lease, or otherwise deal with the land and is subject to the same creditor claims and eminent domain liability as a fee simple absolute owner. The defeasibility merely qualifies the duration of those rights.
The estate ends immediately under a special limitation or executory limitation. No affirmative action by the holder of the future interest is required to terminate possession.
Supporting sources
Yes. Multiple owners may hold a defeasible fee as tenants in common, joint tenants, or tenants by the entirety, and each retains the same partition rights that would apply to a fee simple absolute held in the same form.
Supporting sources
…for which it was granted." Ibid. In essence, the Court held, "the grant was of a limited fee," ibid. —commonly known as a defeasible fee, see Restatement (First) of Property § 16 (1936)—rather than fee simple. Thus, if the railroad were to abandon its use of the right of way, the property would revert to the United…