Texas Surveyors Practice Exam

Under what condition can a fee simple subject to a condition subsequent revert to the grantor?

1. Upon death of the owner

2. When the property is sold

3. If conditions are violated

4. When the taxes are unpaid

The correct answer is: If conditions are violated

A fee simple subject to a condition subsequent is a type of property ownership that includes a condition or restriction placed on the use of the property. If this condition is violated, it allows the original grantor to reclaim the property. The key characteristic of this ownership is that the grantor retains the right to retake the property if the specific condition attached to the sale is not upheld. For example, if the condition states that the property must only be used for residential purposes and the owner decides to use it for commercial activities, the grantor has the right to take back the property. This is distinct from other forms of property ownership, where conditions might lead to different consequences or might not grant similar rights of reversion. In contrast, the other options do not present valid conditions for reversion to the grantor. The death of the owner, sale of the property, or unpaid taxes do not automatically provide the grantor with the right to reclaim the property unless there is a specific condition in the original grant related to those situations.