Also known as:defeasible fee simple · defeasible fee · fee simple defeasible · qualified fee simple
Written by attorneys · grounded in primary & secondary sources — see below
An estate in fee simple subject to a special limitation, a condition subsequent, an executory limitation, or a combination of such restrictions. The estate possesses potentially infinite duration and passes by inheritance yet ends automatically or upon exercise of a power when the stated event occurs.
Sources & Authorities
How it applies
Common Examples
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Shelter Use Limitation Divests City
The State Facilities Commission conveyed a decommissioned armory to the City of Fairview so long as the building served as a public emergency shelter, with title to vest automatically in the Regional Emergency Management Authority if that use ended. Fairview operated the shelter for years but later converted the building to general municipal offices. The estate ended upon the change in use, and title shifted to the Authority without any further action by the grantor.
Railroad Right of Way Reverts on Abandonment
The United States granted a railroad right of way across federal land to a private railroad company. The grant contained an implied condition that the land revert if the railroad ceased using the strip for its intended purpose. When the railroad abandoned the line decades later, the estate terminated and the United States regained full ownership of the strip.
Select any source to read its text and confirm it supports the definition.
Restatements
Casebooks
Marvin M. Brandt Revocable Trust, et al. v. United States134 S. Ct. 1257 (2014)
Common questions
Frequently Asked
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What language creates a defeasible fee simple estate rather than a fee simple absolute?+
Words such as so long as, until, or upon a stated event followed by automatic passage of title to another party create a defeasible fee. The grant must expressly limit duration by a special limitation, condition subsequent, or executory limitation. Broad words of inheritance alone produce a fee simple absolute unless the instrument adds one of those restrictions.
Supporting sources
Does a side agreement outside the deed convert a fee simple into a defeasible fee?+
No. Only language appearing in the deed itself can limit the estate granted. A separate side letter or private agreement may create contractual obligations but does not reduce the quantum of the estate conveyed by the recorded instrument.
Supporting sources
What happens to a defeasible fee when the triggering event occurs?+
The estate ends automatically if limited by a special limitation or executory limitation. No reentry or court action is required. Title passes immediately to the holder of the next succeeding interest.
Supporting sources
Can a corporation hold a defeasible fee simple estate?+
Yes. The estate may be held by any person or entity capable of holding a fee simple absolute. The defeasibility restriction operates the same way regardless of the holder's corporate status.
Supporting sources
134 S. Ct. 1257 (2014)Property
…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…
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