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Real Property • Present Possessory Estates
PROP#003
Legal Definition
A defeasible fee is a fee simple estate that can be terminated when a stated event occurs.
Plain English Explanation
A defeasible fee is a fee simple that is vulnerable to being defeated (or terminated) at a later point, upon the happening of some condition. In other words, it's a fee simple with strings attached.
Note that "defeasible fees" are a class of rights, meaning that there are multiple types of "defeasible fees" (which we will cover in other cards). Those types are:
(1) Fee Simple Determinable
(2) Fee Simple Subject to Condition Subsequent
(3) Fee Simple Subject to an Executory Interest
Note that "defeasible fees" are a class of rights, meaning that there are multiple types of "defeasible fees" (which we will cover in other cards). Those types are:
(1) Fee Simple Determinable
(2) Fee Simple Subject to Condition Subsequent
(3) Fee Simple Subject to an Executory Interest
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