What distinguishes a Fee Simple Determinable from a Fee Simple Subject to Condition Subsequent?

A Fee Simple Determinable is characterized by its automatic reversion of ownership to the grantor if a specific condition is not met or ceases to exist. This means that if the stated condition fails, the property automatically reverts back to the original owner or their heirs without the need for any legal action. This type of estate is often indicated by phrases such as "as long as," "while," or "until."

Understanding this concept is essential, as it highlights the inherent nature of a Fee Simple Determinable: the loss of rights occurs automatically upon the failure of the condition, distinguishing it clearly from other types of ownership like Fee Simple Subject to Condition Subsequent. In that latter scenario, although there is a condition that must be upheld, the original owner must take action to reclaim the property if the condition fails; the ownership does not cease automatically.

This automatic reversion feature of a Fee Simple Determinable is what makes it unique and provides clarity in property law regarding the expectations and responsibilities of ownership.