If the restriction is violated and John uses the property as a hotel, the land reverts back to the grantor. The conveyance is in fee simple with a determining factor. If the conditions are breached the grantor must make entry to repossess the property.
It is not an absolute ownership of real property.
Ownership in fee simple determinable indicates that ownership may be altered if certain conditions occur or do not occur whatever the case might be. Generally, when we speak of 'fee simple' we are referring to fee simple absolute. Generally the conveyance of real estate by a deed conveys fee simple absolute. The property will pass to the owner's heirs upon death. The owner in fee simple absolute has the right to full possession and control of the property. In order to understand fee simple defeasible and fee simple determinable we should understand what is meant by fee simple absolute at common law.įee simple absolute is the way we describe the complete and total ownership of real property.
