TERMIUM Plus®

The Government of Canada’s terminology and linguistic data bank.

fee simple defeasible by condition subsequent [1 record]

Record 1 2014-02-21

English

Subject field(s)
  • PAJLO
  • Property Law (common law)
OBS

The difference between a determinable fee and a fee simple defeasible by condition subsequent is not always easy to discern. The essential distinction is that the determining event in a determinable fee itself sets the limit for the estate first granted. A condition subsequent, on the other hand, is an independent clause added to a limitation of a complete fee simple absolute which operates so as to defeat it. ... Words which form a separate clause of defeasance, such as "provided that," "on condition that," "but if," or "if happen that," operate as a condition subsequent. (Megarry & Wade, 4th ed., 1975, p. 76).

French

Domaine(s)
  • PAJLO
  • Droit des biens et de la propriété (common law)
OBS

fief simple sous condition résolutoire : terme normalisé par le Comité de normalisation dans le cadre du Programme national de l'administration de la justice dans les deux langues officielles (PAJLO).

Spanish

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