Texas Surveyors Practice Exam

How does a fee simple, subject to a condition subsequent differ from a fee simple determinable?

1. The conditions must be violated for reversion

2. Both types automatically revert to the grantor

3. The conditions do not affect ownership

4. Only one requires a legal contract

The correct answer is: The conditions must be violated for reversion

A fee simple, subject to a condition subsequent and a fee simple determinable are both types of fee simple estates that impose certain conditions; however, their reactions to violations of those conditions differ fundamentally. In a fee simple, subject to a condition subsequent, the grantor retains the right to reclaim the property if the specified condition is violated. This means that the ownership does not automatically revert to the grantor upon the violation; the grantor must take affirmative action to enforce the condition. Therefore, a violation of the condition grants the grantor the right to recover the property, but it does not happen automatically. Conversely, a fee simple determinable automatically reverts to the grantor when the specified condition is not met, creating a more immediate and automatic consequence without any need for the grantor to take action. This critical distinction highlights that in a fee simple subject to a condition subsequent, the conditions need to be actively enforced by the grantor after a violation occurs, which underlines why the assertion about the conditions must be violated for reversion is accurate.