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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
Visual Aids
Related Concepts
How is a fee simple determinable created?
How is a fee simple subject to condition subsequent created?
In assessing a present possessory estate, what is affirmative waste?
In assessing a present possessory estate, what is ameliorative waste?
In assessing a present possessory estate, what is permissive waste?
What are the 3 types of waste a life estate holder may commit?
What are the present possessory estates?
What happens when a life estate holder renounces his interest?
What is a fee simple absolute?
What is a fee simple subject to executory interest?
What is a fee tail, how is it created, and what is the result of its creation in most jurisdictions today?
What is a life estate?
What is a life estate pur autre vie and how is it created?
What rights and duties do the holder of a life estate have?
What will a court do if it is not clear whether someone intended to create a fee simple determinable or subject to condition subsequent?
