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The following article was published in our article directory on January 21, 2013.
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Precisely what Is A Determinable Fee Estate

Article Category: Real Estate

Author Name: Jack McMasters

{What|Exactly what|Just what|Precisely what|What exactly} Is A Determinable Fee Estate|{What|Exactly what|Just what|Precisely what|What exactly} Is A Determinable Fee Simple

{Extract|Extracts} from Encyclopedia of {Real Estate|Realty|Real property} {Terms|Phrases|Words|Terminologies|Expressions|Definitions}

1. In English law, for 'determinable fee estate' see determinable fee simple.
2. (US) A determinable fee estate is {an interest|a claim|a stake} in land that is granted to a person and his heirs, but {subject to|based on} a qualification that the duration of the estate must end upon the occurrence of an event that may, or may not, happen. {{For example|For instance|As an example}, a fee held for {as long as|so long as} the property is used for a particular purpose.|A fee held for as long as the property is used for a particular purpose.} {{For example|For instance|As an example}, land is {granted|given|provided|offered} as long a it is used as a school.|Land is granted as long a it is used as a school.} Or, {as long as|provided that|so long as|provided} the holder maintains a certain status, e.g. remains {unmarried|single}. In the latter instance, if the person dies unmarried, the fee is automatically enlarged into a fee simple. "An estate which may last {forever|for life} is a fee. If it may end on the happening of a merely possible event, it is a determinable, or qualified fee Italics ours (First Universalist Society of North Adams v. Boland, 15 Mass 171, 29 NE 524, 15 LRA 231 (1892))", Reichard v. Chicago, 231 Iowa 563, 1 NW.2 d 720, 727 (1942) (Donehue v. Nilges, 364 Mo 705, 266 SW.2 d 553, 45 ALR2d 1150 (1954)).
A determinable fee estate

may be {distinguished|recognized|identified} from a life interest as a determinable fee estate may last forever, whereas the latter will come to an end.

It may be {distinguished|differentiated} from conditional fee estate as the {person|individual|man or woman} entitled to the subsequent estate must re-enter and {take possession|occupy}, whereas the 'determinable fee estate' automatically {returns to|goes back to|reestablishes} the grantor or the person {designated|assigned|indicated|named} to take the estate if the {specified|determined|established} event occurs.

In some {jurisdictions|legal systems}, the {terms|conditions} 'determinable fee', 'base fee' and 'qualified fee' are used synonymously for any fee that expires on the occurrence of a specified event (4 Kent's Comm 9; Lehigh Valley R.R. Co. v. Chapman, 35 NJ 177, 171 A. 2d 653, 657 (1961)). {Also called an 'estate on limitation' or 'limited fee'.|Called an 'estate on limitation' or 'limited fee'.}

See also fee simple determinable, possibility of reverter.
determinable fee simple (Eng).

An estate in land that is equivalent to a fee simple, except that it will {automatically|immediately|instantly} {come to|refer to} an end upon the occurrence of some act or event that is specified {at the time|during the time} the interest is created, but is an event that is unpredictable and may never {happen|occur|take place|transpire|materialize}, e.g. a fee simple granted 'to A until she {marries|weds|gets married}' or 'to B for so long as the land is used as a school', or as {a highway|a freeway|a motorway|a road|a thoroughfare} (Highways Act 1980, s. 263; Hopper v Liverpool Corp 'n (1943) 88 Sol J 213). A determinable fee is limited by a contingency and is {created|produced|generated} by such words as 'for so long as', 'while', or 'until' (2 Bl Comm 155). If the {words|terms} limit or demarcate the utmost {duration|period|timeframe} of the estate, then those words create a determinable fee simple; but if the words are intended merely to defeat the estate before it reaches its {boundary|border} then the estate is a conditional fee simple. With a determinable fee simple the limiting {circumstances|situations|conditions} are integral to the duration of the estate, whereas with a conditional fee simple the limiting condition operates to {cut short|interrupt} the estate before the end of its normal duration. If the event does not occur the estate may last forever; but if it does occur the estate automatically comes to an end; unlike a conditional fee simple, which must be {brought to|given|offered} an end by the exercise of a right of re-entry by the grantor. {However, if the event can {no longer|not} occur, or is void for uncertainty, the fee simple becomes absolute.|If the event can no longer occur, or is void for uncertainty, the fee simple becomes absolute.} If the estate will {go back|return} to the original grantor upon the occurrence of the contingency, then the grantor is said to retain the possibility of reverter and the estate is {referred to|described|regarded} as a 'determinable fee simple subject to a right of reverter'; as distinguished from a 'fee simple subject to a condition subsequent'.

Keywords: {2 Bl Comm 155|bl, conditional fee estate|determinable fee estate|determinable fee simple|Determinable fee simple|determinable interest in land|estate in land upon condition|First Universalist Society of North Adams v Boland|Hopper v Liverpool Corp|qualified fee estate}

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