Property Ownership
In NC, a 'fee simple subject to condition subsequent' differs from a 'fee simple determinable' in that:
AThey are identical in effect
BA fee simple subject to condition subsequent requires affirmative action by the grantor to reclaim the property after the condition is violated✓ Correct
CA fee simple subject to condition subsequent passes automatically to the grantor when the condition is violated
DA fee simple determinable requires court action to enforce
Explanation
Under a fee simple subject to condition subsequent, the grantor retains the right of re-entry: they must take affirmative action (sue) to reclaim the property. Under a fee simple determinable, title reverts automatically upon violation.
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