How is a fee simple subject to condition subsequent created?

One of the biggest questions people want to know when they get an interest in land is "How long do I own it?" A fee simple subject to condition subsequent is a fee simple that can be defeated by a subsequent condition (i.e., a condition that may happen at some point in the future). In other words, when you are reading the fact pattern, look for language like:

- "upon condition that"
-"provided that"
-"but if" or
-"if it happens that"

This type of language lets you know "this interest in land isn't forever."

It's also important to know that a fee simple subject to condition subsequent is followed by a right of entry. When it comes to figuring out property conveyances, you need to remember that someone must always own the land, so you must always figure out who currently owns the land and who owns it next. "Followed by a right of entry" means that if the condition occurs, the original grantor (or their heirs) have a right to take the land back. Note that this is different than a fee simple determinable, where the land automatically goes back to the grantor. Also, note that the grantor must explicitly include this right in their conveyance, otherwise it does not apply.