Property Ownership

In New Mexico, a 'fee simple on condition subsequent' differs from a fee simple determinable in that:

AThey are identical
BThe fee simple on condition subsequent requires the grantor to re-enter and reclaim the property; it does not automatically revert✓ Correct
CThe fee simple on condition subsequent ends automatically
DOnly the government can hold a fee simple on condition subsequent

Explanation

A fee simple determinable automatically reverts to the grantor upon the condition occurring. A fee simple on condition subsequent gives the grantor the right of re-entry, but they must take affirmative action to reclaim the property.

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