Fee Simple Defeasible

A fee simple defeasible is a special condition found in some deeds. This term applies to any condition where ownership of the property is dependent on the occurrence or non-occurrence of a certain event. An example of this is land sold to a conservation group with the condition that no development is to ever happen on the property. If the conservation group then builds their headquarters on the property, the original land owner can sue to get the property back. A special limitation is one type of fee simple defeasible. With this condition, the original land owner does not have sue to take back the property if the deed condition is violated. An example of this is land sold with the special limitation that it is only to be used for agriculture. If the new owner tries to develop a mall, the title automatically reverts to the original owner.