DEFEASIBLE ESTATES

TYPE OF FEE SIMPLE

TERMINATES LAND GOES TO

FUTURE INTEREST

TYPICAL WORDS OF CONVEYANCE

EXAMPLE

Determinable Expires Automatically

Grantor, immediately

Possibility of Reverter

Words of duration:“so long as,” “while,” “until,” “during”

To A and her heirs, until B becomes president.

Based on Conditions Subsequent

Grantor’s election is divested by bringing an action of ejectment

Grantor Right of re-entry

Words of condition: “but if”

To A and her heirs, but if B Am Jurs property, O reserves the right to re-enter and retake.

Subject to Executory Limitations

Expires of DivestsAutomatically

3rd Party, immediately

Executory Interest

Uses both words of duration and condition

To A and her heirs, but if A dies without surviving children, then to B and his heirs.