fee simple subject to a condition subsequent

A fee simple subject to a condition subsequent is a possessory estate in land. It is a type of fee simple ownership similar to a fee simple absolute, but subject to a condition specified by the grantor at the time of conveyance. These are known as defeasible fees. For a fee simple subject to a condition subsequent, if the condition is met, the grantor can take action to reclaim ownership of the land. While the condition is unmet, the grantor’s future interest in the property is called a right of entry.

A fee simple subject to a condition subsequent and corresponding right of entry are created by grants that use conditional language, such as “but if” or “provided that.”

For example, “O grants Blackacre to B provided that it is used as a museum.” O has granted B a fee simple subject to a condition subsequent, and O has retained a right of entry. Should B stop using Blackacre as a museum, O can take action to reclaim the property.

There are two other types of defeasible fees: fee simple determinable and fee simple subject to an executory limitation. A fee simple determinable returns the property immediately and automatically to the grantor once the specified condition is met, instead of requiring that an action be taken to reclaim ownership. A fee simple subject to an executory limitation operates automatically like a fee simple determinable, except it transfers ownership to a third party instead of returning it to the grantor.

[Last reviewed in June of 2025 by the Wex Definitions Team]

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