Property OwnershipIntermediateDelaware Exam

What does 'fee simple subject to condition subsequent' mean in Delaware?

ASimply a fee simple estate that always automatically and immediately ends the moment a stated condition is violated, under the applicable standard
BA fee simple estate that may be terminated if a specified condition is violated, but only after the original grantor exercises a 'right of entry'Correct
CA fee simple estate subject to a subsequent owner's right of review
DA fee simple estate conditioned on subsequent improvements being made

Why A fee simple estate that may be terminated if a specified condition is violated, but only after the original grantor exercises a 'right of entry' Is Correct

Answer B: A fee simple estate that may be terminated if a specified condition is violated, but only after the original grantor exercises a 'right of entry'

Fee simple subject to condition subsequent continues even after a condition is violated until the original grantor (or their heirs) exercises their 'right of entry' (power of termination) through court action. Unlike fee simple determinable, it does not automatically revert.

Exam Tip: Property Ownership

Property ownership questions test the bundle of rights and different forms of ownership. Know the differences between joint tenancy, tenancy in common, and community property, including the right of survivorship.

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