fee simple subject to an executory limitation

A fee simple defeasible that is subject to divestment in favor of someone other than the grantor if a specified event happens (e.g., “to Albert and his heirs, but if the property is ever used as a parking lot, then to Bob”).

— Also termed fee simple subject to an executory interest. [Cases: Estates in Property 6. C.J.S. Estates §§ 13–14.]


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