Property Ownership
What is the difference between 'fee simple determinable' and 'fee simple subject to a condition subsequent'?
AA. They are identical; both are absolute forms of ownership
BB. Fee simple determinable automatically reverts to the grantor when the condition occurs; fee simple subject to condition subsequent requires the grantor to take action to reclaim the property✓ Correct
CC. Fee simple determinable is permanent; subject to condition subsequent is temporary
DD. These are commercial real estate terms not applicable to Hawaii residential property
Explanation
Both are defeasible fees (ownership that can be lost). Fee simple determinable automatically ends and reverts to the grantor when the specified condition occurs (the deed uses words like 'so long as,' 'while,' 'during'). Fee simple subject to a condition subsequent doesn't automatically revert—the grantor must exercise their right of re-entry after the condition is breached.
Related Hawaii Property Ownership Questions
- What is 'perpetual care' in a Hawaii cemetery and is it relevant to property values?
- In Hawaii, a fee simple estate that is subject to a condition subsequent may be 'defeated' if:
- What is 'unity of possession' as a requirement for co-ownership in Hawaii?
- What is 'cloud on title' in Hawaii real estate and how is it typically resolved?
- What is the 'ahupua'a' system and why does it matter in Hawaii real estate?
- What is 'property management rights' in a Hawaii condominium and can the association restrict rental activity?
- Under Hawaii's condominium law (Chapter 514B, HRS), what document establishes the legal creation of a condominium project?
- What is a 'horizontal property regime' under Hawaii's Condominium Property Act?
Practice More Hawaii Real Estate Questions
1,500+ questions covering all exam topics. Start free — no signup required.
Take the Free Hawaii Quiz →