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fee simple determinable

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fee simple determinable

An interest in real property that will automatically terminate upon the happening of a certain described event.

Example: “I grant Blackacre to First Methodist Church ‘for so long as it is used as' (or ‘but only if the property is used for') a church.” When the property ceases being used for the purpose granted, then title automatically reverts back to the grantor or the grantor's heirs. It is said that the grantor retains a possibility of reverter. Contrast with fee simple defeasible.



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22) Courts have been remarkably inconsistent in their treatment of FGROW, holding that some grants conveyed fee simple absolute to the railroads with no retained interest by the federal government, that others conveyed fee simple determinable with an implied possibility of reverter upon abandonment, and that others conveyed an easement.
 
 
 
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