fee simple subject to executory interest

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English[edit]

Noun[edit]

fee simple subject to executory interest (plural fee simples subject to executory interest)

  1. (law) A defeasible fee created with clear durational language expressing a condition (e.g. "so long as", "until", "while") which causes ownership of a property to revest in a third party identified by the grantor if that condition comes about.
    Joe gives Mike an estate in land "so long as no alcohol is brought onto the property, in which case the property will go to Harry"; this creates a fee simple subject to executory limitation- if alcohol is brought onto the property, Harry automatically takes ownership.

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