What Is a Fee Simple Determinable?
A fee simple determinable is a property estate that automatically terminates when a specified condition occurs. The grantor retains a possibility of reverter, and ownership reverts to the grantor without any action required when the triggering event happens.
Key Characteristics
- Durational language: Created by "so long as," "while," "during," or "until" in the deed
- Automatic termination: No action by the grantor is needed; the estate ends by operation of law
- Possibility of reverter: The grantor's retained future interest
- Indefinite duration: The possibility of reverter has no statute of limitations in most cases
Determinable vs. Condition Subsequent
- Determinable: "So long as" language; automatic termination; possibility of reverter
- Condition subsequent: "On condition that" language; optional termination; right of entry
- Practical difference: Determinable ends automatically; condition subsequent requires the grantor to act
Examples
- "To the City so long as the property is used as a public park"
- "To the Church while used for religious purposes"
- "To the School Board during use as a school site"
Related Terms
- Estate in Reversion — The grantor's retained future interest
- Encumbrance — Determinable estates as title issues
- Evidence of Title — Title searches revealing determinable language
Barnes Walker Title Services
Barnes Walker Title identifies and resolves fee simple determinable issues during Florida title searches, ensuring clear title for buyers. Submit a title inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC