Question

Kasen has left 30 acres of land to the First Church of Magnolia with the condition that it shall own and have rights to it forever; however, if the church ever permits alcohol to be served on the premises, the property will immediately go back to Kasen or, if Kasen is deceased, to his heirs. Kasen has granted the church a:

Answer 1

Answer: Fee simple defeasible.

Explanation:

A fee simple defeasible is a transfer of property that has conditions placed on the property. The holder of a fee simple defeasible has the property as a "fee simple" subject to the given condition. In a case whereby the condition is not met or violated then the property will go back to the grantor or a specified third party.

In this case, if the first church of Magnolia allows alcohol to be sold on the land, the property will be given back to Kasen or his heirs.