Property OwnershipIntermediateDelaware Exam

What is a 'fee simple defeasible' estate in Delaware real property law?

AA fee simple estate that can never be taken by eminent domain
BA fee simple estate subject to a condition — if the condition is violated, ownership may revert to the grantor or pass to a third partyCorrect
CA fee simple estate held by a governmental entity
DSimply a fee simple estate that includes only underlying mineral rights while excluding all surface rights entirely, under this approach

Why A fee simple estate subject to a condition — if the condition is violated, ownership may revert to the grantor or pass to a third party Is Correct

Answer B: A fee simple estate subject to a condition — if the condition is violated, ownership may revert to the grantor or pass to a third party

A fee simple defeasible is a fee simple estate subject to a condition or limitation. If the condition is violated, ownership can revert to the grantor (fee simple determinable) or be subject to the grantor's right to re-enter (fee simple subject to condition subsequent).

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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