fee simple subject to a condition subsequent

An estate subject to the grantor’s power to end the estate if some specified event happens (e.g., “to Albert and his heirs, upon condition that no alcohol is sold on the premises”).

• The future interest retained by the grantor is called a power of termination (or a right of entry).

— Also termed fee simple on a condition subsequent; fee simple subject to a power of termination; fee simple upon condition. [Cases: Estates in Property 7. C.J.S. Estates §§ 13–14, 20–21.]


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