What will a court do if it is not clear whether someone intended to create a fee simple determinable or subject to condition subsequent?

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😀 Real Property • Present Possessory Estates PROP#006

Legal Definition

Where it's unclear whether someone intended to create a fee simple determinable or subject to condition subsequent, courts construe it as a condition subsequent.

Plain English Explanation

When the language of the conveyance isn't clear, courts default to it being a fee simple subject to condition subsequent.

Visual Aids

What will a court do if it is not clear whether someone intended to create a fee simple determinable or subject to condition subsequent?

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 defeasible fee? 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?

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