![]() The owner that holds title in defeasible fee has a current and future possessory interest in the property. Other than the condition specified as part of the defeasible fee, the rights powers of the owner are effectively the same as in a fee simple absolute estate. In a fee simple defeasible estate, ownership is conditional. In a fee simple absolute estate, ownership is absolute. Where a fee simple defeasible estate is a freehold estate where title is held as long as a certain condition is met, or until some event occurs, a fee simple absolute estate is not subject to any condition. If the condition is violated, or event occurs, the property reverts to the grantor.įee Simple Defeasible Versus Fee Simple Absolute The owner benefits from all the powers, rights and interests of ownership as long as a certain condition is met, or until some event occurs. Fee simple defeasible, also referred to as defeasible fee, is a freehold estate where a new owner, the grantee, takes title to real estate from the previous owner, the grantor, subject to some specific condition. ![]()
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