Fee Simple Defeasible

/ˈfi ˈsɪmpəl dɪˈfiːzəbl/

Definitions

  1. (n.) An estate in land that is transferable and inheritable but may be terminated upon the occurrence of a specified condition or event.
    She held the property in fee simple defeasible, losing ownership if the land ceased to be used as a park.
  2. (n.) A category of fee simple estate subject to conditions that can cause the estate to revert to the grantor or a third party.
    The deed conveyed a fee simple defeasible with a clause that the land must remain a school.

Forms

  • fee simple defeasible

Commentary

This term encompasses estates that can be cut short by conditions; drafters should clearly specify the triggering event and resulting consequence to avoid ambiguity.

This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.

Draft confidently with Amicus

Create, negotiate, and sign agreements in one secure workspace—invite collaborators, track revisions, and keep audit-ready records automatically.

Open the Amicus app