A property owner conveys land in her will using the following language: 'To my nephew, so long as the property is used as a park.' Which type of estate has the nephew received?
Fee simple absolute
Fee simple subject to condition subsequent
Life estate
Fee simple determinable
The nephew has received a fee simple determinable because the estate is subject to an automatic termination upon the occurrence of a specified condition—the cessation of the land being used as a park. In this case, the grantor retains a possibility of reverter, meaning the property will automatically revert back to the grantor or the grantor’s heirs if the condition is violated. Other options, such as a fee simple subject to a condition subsequent, involve the grantor taking action to terminate the estate, while a fee simple absolute lacks any conditions or restrictions on use.
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