Both the defeasible fee and easements entail a retained interest in the
defeasible fee, but it was unclear whether it would also apply to FGROW
(93) conveyed only a qualified or defeasible fee. The discussion in
regardless of whether the FGROW was a defeasible fee or an easement, and
As it is stated in a leading English case, "incidents of a novel kind" cannot "be devised and attached to property at the fancy or caprice of any owner."(1) With respect to interests in land, for example, the basic forms are the fee simple, the defeasible fee simple, the life estate, and the lease.
(34.) The defeasible fee is usually subdivided into the fee simple determinable, the fee simple subject to condition subsequent, and the fee simple subject to an executory limitation.
It is reasonably well established that one can create a life estate in personal property.(64) But there are few if any cases that address the question of whether more exotic interests, such as defeasible fees and executory interests, can be created in personal property.
this option to the singular, harsh result under a defeasible fee:
Often in attempts to limit defeasible fee enforcement, the roles
written the deed in a way that will clearly establish the defeasible fee
Entin,
Defeasible Fees, State Action, and the Legacy of Massive Resistance, 34 Wm.
Present interests in land include fee simple, fee tail,
defeasible fees, life estates, and leaseholds.
