When a fee simple estate is transferred, under what condition does a fee simple subject to condition subsequent transfer?

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A fee simple subject to condition subsequent is a type of estate that grants ownership under specific terms. This means that the property is transferred with the understanding that if a stated condition is violated, the original owner—or their heirs—has the right to reclaim ownership of the property.

The correct response indicates that as long as the specified condition is not violated, the property remains with the grantee (the person receiving the property). This characteristic distinguishes it from other forms of estates, such as fee simple absolute or fee simple determinable, which have different implications regarding ownership and the conditions surrounding that ownership.

In situations where the condition set forth in the deed or transfer is upheld, the grantee can enjoy full rights to the property. However, if the condition were to be violated, the original owner retains a right of re-entry, giving them the potential to reclaim the property.

Other choices do not correctly reflect the nature of a fee simple subject to condition subsequent, as each presents a scenario where the focus is on different events (like death, leasing, or selling), which do not directly pertain to the violation of the condition itself.

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