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Updated over 7 years ago on . Most recent reply

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Austin J.
  • Canton, OH
6
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59
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Fee simple defensible, what are some examples of this?

Austin J.
  • Canton, OH
Posted
I can't really think of a scenario where someone would sell a property with conditions?

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Stewart Vargas-Sosa
  • Attorney
  • Orlando, FL
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Stewart Vargas-Sosa
  • Attorney
  • Orlando, FL
Replied

A defeasible fee is not likely to show up on a traditional sale because a buyer wouldn't want the seller to retain a future interest in the property. It's more used for conveyances within family or to charitable organizations, etc., so as to preserve the grantor's intent of what the property is to be used for. So, for example, if you want to donate land to a church you can do so on the condition that the church will only use the land for religious purposes, and if they don't then the land goes back to you. More or less, of course. There's also different kinds of defeasible fees but that goes beyond the scope of this post. 

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