Land records · Parcel maps · October 7, 2026
What Is a Fee Simple Determinable? So Long As Deeds
What is a fee simple determinable? Ownership that ends automatically if a stated condition occurs, returning the land to the grantor or heirs.
What is a fee simple determinable? A fee simple determinable is a type of ownership that lasts forever unless a stated event happens, and then it ends automatically. It is created by deed language using words of duration, such as “so long as,” “while,” “during,” or “until.” A classic example is land given “to the town so long as it is used for a public park.” If the town stops using it as a park, ownership automatically returns to the grantor or the grantor’s heirs, who hold what is called a possibility of reverter. This page is general land-records background, not legal advice.
How it differs from fee simple absolute
Fee simple absolute is the fullest form of ownership, with no conditions that can end it. A fee simple determinable is a “defeasible fee”: the owner has all the rights of a fee simple owner while the condition is met, but the estate is limited from the start by the stated purpose or restriction.
Key terms
| Term | Meaning |
|---|---|
| Fee simple determinable | Ends automatically when the condition is broken |
| Possibility of reverter | The grantor’s future interest in a determinable fee |
| Fee simple subject to condition subsequent | Can be ended, but only if the grantor acts |
| Right of reentry | The grantor’s power to end a condition subsequent estate |
| Executory interest | A future interest held by a third party instead of the grantor |
Words that create it
Courts look for words of time or duration. “To the church so long as used for worship” or “until the land is no longer farmed” suggest a determinable fee. Words of condition, such as “but if,” “provided that,” or “on condition that,” more often create a fee simple subject to condition subsequent. When language is unclear, many courts prefer the interpretation that avoids automatic forfeiture.
Where they appear
Determinable fees appear often in old deeds to schools, churches, cemeteries, railroads, parks, and civic groups. A rural school lot given “so long as used for school purposes” may have reverted decades ago when the school closed. These clauses frequently appear in the habendum clause. See what is a habendum clause and what is a reverter clause.
Statutory limits
Many states have passed laws that limit how long possibilities of reverter last, often requiring them to be re-recorded within a set number of years or making them expire after a fixed period. Some states have abolished the distinction between determinable fees and conditions subsequent. Marketable title acts can also extinguish old reverter rights that were not preserved.
Title issues
A reverter clause can create uncertainty for buyers and lenders. Title companies may list it as an exception. Clearing it may require locating the grantor’s heirs and getting a release, showing that a statute has extinguished it, or bringing a quiet title action.
Reading an old deed
When you see “so long as” or “until” in a deed, check whether the condition is still met, who held the future interest, and whether a statute has limited it. Look for later releases recorded in the grantor-grantee index.
Bottom line
A fee simple determinable is ownership that ends automatically when a stated condition is broken, returning the property to the grantor or heirs through a possibility of reverter. It is created by words like “so long as” and is common in old institutional deeds. Many states limit how long these rights last. Find county recorders via the Platbookmapper map.
What is a fee simple determinable FAQ
What words create a fee simple determinable?
Words of duration such as “so long as,” “while,” or “until.”
What happens when the condition is broken?
Ownership ends automatically and returns to the grantor or heirs.
What is a possibility of reverter?
The grantor’s future interest in a fee simple determinable.
How is it different from a condition subsequent?
A condition subsequent requires the grantor to act to end the estate.
Do reverter rights last forever?
Many states limit their duration by statute.