If You Want to Impose Conditions on a Gift. Conditions may be either precedent or subsequent. The difference between the 'fee simple determinable' and the 'fee simple on condition subsequent' estate is: If the condition is violated in a fee simple determinable estate; the title automatically reverts to the original grantor or grantor's heirs, or to the designated third person in remainder (remainder person). Condition Subsequent: A condition subsequent applies to gifts which are given without condition. (An estate not subject to such conditions is called an indefeasible estate.) A party won't want to finish the contract if the property has issues. In the struggle to interpret grants of conditional estates, and to allocate rights between the grantor and the grantee, courts came to divide conditional grants into two categories : the "determinable estate" and the "estate subject to condition subsequent", also called the "defeasible estate". I think in your example, Tim has a fee simple subject to executory limitation because on the happening of the event (not death, which would make it a life estate) the property transfers to a third party, not the grantor. If you want to leave conditional bequests, take a lesson from these cases. IN PRAISE OF CONDITIONS SUBSEQUENT INTRODUCTION A party to a prospective contract, particularly an important contract such as the sale and purchase of land, is often in a dilemma. 6 Greenl. Upon the happening of the event or condition stated by the grantor, the transfer may be void or at least subject to annulment. Get the definition of Condition Subsequent and understand what Condition Subsequent means in Real Estate. estate on condition subsequent. ... Real estate condition precedents usually refer to the conditions of the property acquired or the financing of the purchase. Bank of Portland v. Snodgrass, 202 Or. A fee simple defeasible is a fee simple that deals with the conveyance of a property with conditions. automatically retakes ownership if restrictions are violated. In this case, Barney has a life estate subject to a condition subsequent. 196. See condition subsequent. 530 (1954).) "if X event occurs, grantor reserves the right to reenter and retake"); upon occurrence of the condition, the grantor may decide … A conveyance in fee, reserving a life estate in a part of the land, and made upon condition that the grantee shall pay certain sums of money at divers times to several persons, passes the fee upon condition subsequent. ... that if a man makes a gift in tail, on condition, that he shall not suffer a common recovery, that this condition is repugnant to the estate … Ballentine's law dictionary. The Oregon Supreme Court upheld the bequest, ruling that the conditions might seem “exacting, unkind and unnecessary, but we cannot say they were unlawful.” (U.S. Nat’l. Read Reviews. See condition subsequent. Fee simple subject to condition subsequent: "A to B, but if [condition] A may reenter" Breaking the condition gives the grantor the option of reclaiming the res--right of reentry. A subsequent condition is one which enlarges or defeats an estate or right, already created. estate on condition subsequent A subsequent condition is one which enlarges or defeats an estate or right already created. Get the definition of Condition Subsequent and understand what Condition Subsequent means in Insurance. Definition of fee simple subject to condition subsequent in the Definitions.net dictionary. On condition subsequent: Similarly, an estate on condition subsequent is an estate that the grantor may terminate if the specified condition occurs. If he uses the land for any other purpose, the life estate will end if Fred decides to re-enter the land and take it back. The major difference is that while a fee simple determinable automatically ends if the grantee (the person who received the land) does not fulfill the condition, the grantee’s interest in a fee simple subject to condition subsequent does not automatically end if the event or condition occurs. A condition subsequent is an event or state of affairs that brings an end to something else. Condition Precedent: A legal term describing a condition or event that must come to pass before a specific contract is considered in effect or any obligations are expected of either party. A conveyance in fee, reserving a life estate in a part of the land, and made upon condition that the grantee shall pay certain sums of money at divers times to several persons, passes the fee upon condition subsequent. Add real estate terms app on your Website. is limited in the kind of restrictions that can be placed on the grantee. A condition precedent is something that must occur before an obligation exists. There is always a great deal of confusion and discussion concerning conditions and escape clauses contained in agreements relating to real estate. Explaining Condition Subsequent term for dummies . may repossess the property within a limited time frame if restrictions are violated. A defeasible estate is created when a grantor transfers land conditionally. Anderson, W.S.. 1998. ... Read why Real Estate Agent rates 5 Stars in over 20 Agents Reviews. If Barney uses the land to grow corn, the life estate will end when he dies. The Court preferred the use of conditions subsequent. A condition subsequent is often used in a legal context as a marker bringing an end to one's legal rights or duties. A condition subsequent is an event that occurs after the devise is made, and affects or invalidates the devise. 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