What language indicates a Fee Simple Subject to a condition subsequent?

A fee simple subject to a condition subsequent is a type of estate in land that allows the grantor to reclaim the property if a specified condition occurs. The language that indicates this type of estate often includes phrases that express a condition which, if violated, can lead to the possibility of the grantor retaking ownership of the property.

The phrase "upon condition that" clearly signals that there is a particular condition attached to the conveyance of the property. It creates an enforceable obligation that must be met or adhered to for the grantee (the recipient of the property) to retain ownership. If the condition specified does not occur or is violated, the grantor has the right to reclaim the property.

Conversely, other phrases, such as "so long as," "until," and "during," are typically associated with different types of interests in property, such as fee simple determinable, which automatically terminates upon the occurrence of a specified event. These phrases do not provide the same leeway for the grantor to retake the property as "upon condition that" does, hence reinforcing why the answer is centered around the latter expression.