DEFEASIBLE FEES:

Fee Simple Determinable:

(1) O conveys Greenacre to A so long as the land is used for farming.

(2) O conveys Whiteacre to the Town of Harmony until no longer used for a park.

(3) O conveys Blackacre to B during such time as B uses the land for residential
purposes, then to C.

Fee Simple Subject to Condition Subsequent:
(1) O conveys Greenacre to A, but if the land is no longer used for farming, O has the
right to re-enter.

(2) O conveys Whiteacre to the Town of Harmony, provided, however, if the Town no
longer uses the land for a park, O has the power to terminate.

(3) O conveys Blackacre to B, on the condition that if B ceases to use the land for
residential purposes, O may re-take the land.

Fee Simple Subject to Executory Interest:

(1) O conveys Greenacre to A, but if A no longer uses the land for farming, then to C.

(2) O conveys Whiteacre to the Town of Harmony, provided, however, if the Town no
longer uses the land for a park during Cs lifetime, then to C.

(3) O conveys Blackacre to B, on the condition that if B ceases to use the land for
residential purposes, then to C.


TIP: Classifying Defeasible Fees

The key to classifying defeasible fees is to first identify whether the granting of the fee is
combined with limiting durational language such as so long as, during such time as,
and until, or whether the granting of the fee is followed by a condition subsequent
which may divest the fee. If the grant of the fee is combined with limiting durational
language, it is a fee simple determinable. If the fee will be divested by a condition
subsequent, it is either a fee simple subject to condition subsequent or a fee simple
subject to executory interest. Determining the correct classification as between the latter
two types of defeasible fees depends on who has the future interest. If the Grantor has
the right to re-enter or terminate the fee upon the happening of the condition subsequent,
it is a fee simple subject to condition subsequent. If the fee will be divested in favor of
another transferee, it is a fee simple subject to executory interest.