The distinguishing feature of a defeasible fee simple estate is that

The distinguishing feature of a defeasible fee simple estate is that

• A. It can be passed on to heirs.
• B. It has no restrictions on use.
• C. The estate may revert to a grantor or heirs if the prescribed use changes.
• D. It is of unlimited duration.

Answer: (C)

Defeasible fee simple estates are ownership situations that can be defeated by a specific condition or use. The defining idea is that there is a future interest retained by the grantor (or created for someone else) that can interrupt or end the current ownership if the condition is violated or the use changes. Because of this, the property may revert back to the grantor or pass to another party when the stated use isn’t maintained. That’s why this option best captures the distinguishing feature. The other statements describe aspects of ordinary fee simple ownership or misstate the conditional nature, which isn’t what sets a defeasible fee apart.

Defeasible fee simple estates are ownership situations that can be defeated by a specific condition or use. The defining idea is that there is a future interest retained by the grantor (or created for someone else) that can interrupt or end the current ownership if the condition is violated or the use changes. Because of this, the property may revert back to the grantor or pass to another party when the stated use isn’t maintained. That’s why this option best captures the distinguishing feature. The other statements describe aspects of ordinary fee simple ownership or misstate the conditional nature, which isn’t what sets a defeasible fee apart.