What language in a deed creates an estate in fee simple defeasible rather than a fee simple absolute?

Words such as so long as, upon condition that, or if the use changes create a limitation on the duration of the fee simple estate. The grant must also include an express consequence, such as automatic passage of title to a third party or reversion to the grantor, when the condition occurs. Without such limiting language the conveyance is presumed to create a fee simple absolute.

Does an estate in fee simple defeasible end automatically upon the triggering event?

Yes. When the limiting event occurs the estate ceases immediately under the terms of the special limitation or executory limitation. No affirmative action such as re-entry or judicial decree is required for termination.

Can a corporation hold an estate in fee simple defeasible?

Yes. The estate may be created in any form of ownership permitted for a fee simple absolute, including concurrent ownership by a corporation. The defeasibility attaches to the estate itself regardless of the nature of the holder.

How does the death of the holder affect an estate in fee simple defeasible?

The estate passes by intestate succession or by will in the same manner as a fee simple absolute, but every interest that passes remains subject to the original defeasibility. The surviving spouse also receives dower or curtesy subject to the same limitation.

Legal Dictionary

estate in fee simple defeasible

/es-TAYT in FEE SIM-puhl di-FEE-zuh-buhl/phrase

Also known as: fee simple defeasible · defeasible fee simple · defeasible fee simple estate · defeasible fee · qualified fee

Written by attorneys — see sources below.

An estate in fee simple which is subject to a special limitation, a condition subsequent, an executory limitation or a combination of such restrictions. The estate continues indefinitely unless the limiting event occurs, at which point it ends automatically or upon the exercise of a reserved power.

See Our Sources

How its tested

Common Examples

Armory Conveyance to City

The State Facilities Commission conveyed a decommissioned armory to the City of Fairview so long as it remained a public emergency shelter, with title to vest automatically in the Regional Emergency Management Authority if that use ended. Fairview operated the shelter for several years but later converted the building to general municipal offices. The estate held by Fairview terminated upon the change in use, and title shifted directly to the Authority without any further action by the Commission.

Will Devise to Granddaughter

Royal Whiton devised land to his granddaughter Sarah A. Whiton and her heirs on her father's side, with the remainder to other grandchildren if she died without such heirs. Sarah and the other grandchildren later attempted to convey the land in fee simple absolute. The estate Sarah received was subject to the limitation in the will, so her interest ended upon her death without qualifying heirs and passed according to the devise rather than by her own conveyance.

estate in fee simple defeasible

Common Examples

Armory Conveyance to City

Will Devise to Granddaughter

Key Cases Using This Term

Johnson v. Whiton

Test Yourself

Practice Questions5

Restatements

Students Frequently Ask...

Practice Essays5