The only constraints are those imposed by zoning or the government, and ownership is not shared (e.g., taxation, police power, etc.). Ownership is permanent as long as the requirement is met, and the owner controls all interests. This means that failure to comply with the condition may result in the loss of ownership rights.ĭespite its restrictions, fee simple defeasible is regarded as a powerful form of ownership.

Fee Simple Is Subject To Executory Restriction

Fee Simple Subject To Condition Subsequent Fee Simple Defeasible Real Estate Definition.