condition subsequent

estate with a condition required after the transaction

Fee simple defeasible is another way of saying fee simple qualified. Fee simple qualified is an estate for which the title holder, the grantee, has a fee simple title subject to a condition. If the condition is not met, then the title passes back to the grantor. It is a conditional estate based on that condition. A condition subsequent is a condition that must occur after the transaction and a condition precedent is a condition that must occur prior to the transaction. The classic example is that of a specific use being required of a property. A man sold his property to the city to use as a library. Years later the city stopped using the property as a library and the man’s heirs demanded the property back. The man’s family regained title because the title held by the city was a fee simple defeasible / qualified title and the condition subsequent was that the property be used as a library. Just as a contrast, a fee simple absolute, is a transfer with no conditions. Related Words: fee simple qualified, fee simple defeasible, estate in fee, freehold estate

Multiple Choice Question

condition subsequent
A estate with a condition required before the transaction
B estate with a condition required after the transaction
C fee charged to originate a real property loan
D discrimination in housing is against the law

Correct Answer: b

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This word appears in the book Vocab-U-Bee California CA Real Estate License Exam Top Pass Words

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