Fee Simple Defeasible
Fee simple defeasible is a type of property ownership that comes with specific conditions or restrictions that, if violated, could result in the loss of ownership. The property automatically reverts to the original grantor or their heirs if the stated conditions are not met or are violated.
Example
“The church received the land in fee simple defeasible with the condition that it must always be used for religious purposes.”
Memory Tip
Remember 'defeasible' sounds like 'defeatable' - your ownership can be defeated if you break the rules.
Why It Matters
Buyers need to understand these restrictions before purchasing because violating them could result in losing the property entirely. These conditions can significantly impact how you use the property and its long-term value.
Common Misconception
Some buyers assume they can simply ignore deed restrictions without consequences, but violating conditions in fee simple defeasible ownership can actually result in forfeiting the property.
In Practice
A common example is land donated for a school with the condition that it must always be used for educational purposes. If the school district later tries to sell the land for commercial development, ownership would automatically revert to the original donor's family.
Etymology
The word 'defeasible' derives from Old French 'desfaire' meaning 'to undo,' indicating ownership that can be undone if conditions are violated.
Common Misspellings
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