What differentiates a fee simple subject to condition subsequent from a fee simple determinable?

A fee simple subject to condition subsequent is characterized by the fact that it allows for the title to remain with the grantee even if the specified conditions are violated, provided that the grantor chooses to assert their right. This means that ownership does not automatically revert back to the grantor upon violation of a condition; instead, the grantor must take action to reclaim the property. This gives a level of control to the grantor while still allowing the grantee to retain possession until action is taken.

In contrast, a fee simple determinable automatically reverts ownership to the grantor if the specified condition is violated. The distinction lies in the nature of the reversion: under a fee simple determinable, the grantor does not need to take any action to reclaim the property; it happens by operation of law.

The other options focus on aspects that do not accurately differentiate between the two types of fee simple ownership. For instance, a fee simple subject to condition subsequent does involve a condition, but the key point is that the title does not revert automatically, which makes the first option less accurate. Furthermore, the definition related to perpetual ownership in the context of a fee simple determinable is misleading; such ownership is not guaranteed if the conditions are violated.