fee simple defeasible

fee simple defeasible

An interest in real property that may be defeated upon the happening of a certain described event.In other words,someone must take an action in order for the estate to come to an end.

Example: “I grant Blackacre to First Methodist Church ‘so long as' (or ‘while' or ‘during the period') the property is used for religious services.” If the property ceases to be used for religious purposes, then the grantor or the grantor's heirs have a reasonable amount of time to declare their rights and retake possession of the property. If they do nothing, they eventually lose their rights and the property stays with First Methodist Church, to do as it chooses with it. Contrast with fee simple determinable, which is an automatic termination.