The title of a fee simple determinable estate reverts automatically if title conditions are violated. How do fee simple condition subsequent estates compare?
A fee simple determinable estate automatically reverts to the grantor if the condition is violated (e.g., ''so long as the land is used as a park''). No legal action is required.
A fee simple subject to condition subsequent estate, however, requires the grantor to take legal action (such as filing for repossession) if the condition is violated (e.g., ''on the condition that the land is used as a park; if not, the grantor has the right of reentry'').
Thus, the distinction is automatic reversion vs. reversion only through legal action.
Reference (Virginia Real Estate):
Virginia Real Estate Principles -- Estates in Land section
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