Property Law And The Fee Simple Determinable

Property Law and the Fee Simple Determinable By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2009 by Anthony J. Fejfar In Medeival England, at the Common Law, there was a desire to place certain limitations on a Real Property Grant, which would be more restrictive than a Fee Simple Absolute.

In a Fee Simple Determinable, a Grant is made to a Grantee with a

limitation, such as follows: “Owner Grants to A, Blackacre, for so long as the property is used for church purposes.” A receives the Deed to Blackacre with the limitation that Blackacre be used for church purposes. If the property is not used for church purposes, then the property automatically reverts to Owner through a Possibility of Reverter. Thus, with respect to the Grant listed above, after the Grant, O retains a Possibility of Reverter, while A receives a Fee Simple Determinable.