Property Ownership

A Kentucky property owner holds title to a parcel subject to a condition subsequent. If the condition is violated, the original grantor:

AHas no right to reclaim the property
BMay exercise the right of re-entry to reclaim the property✓ Correct
CAutomatically receives the property back
DMust sue for damages rather than reclaim the property

Explanation

A fee simple subject to a condition subsequent is a type of defeasible fee where the grantor retains the right of re-entry (power of termination) if the condition is violated. Unlike fee simple determinable, the property does not automatically revert — the grantor must affirmatively exercise the right of re-entry.

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