Which fee simple type automatically returns the property to the original owner if a specific condition is violated?

Study for the Virginia Real Estate Level 1 Pre-License Test. Prepare with detailed questions and explanations. Equip yourself for success!

The fee simple determinable is a type of ownership interest in real property that automatically terminates and reverts back to the original owner or their heirs if a specified condition is violated. This means that the original owner retains a possibility of reversion, which is a future interest in which they can reclaim the property if the condition is not met.

For instance, if a property is granted to someone with the condition that it must be used for educational purposes, and that use ceases, the property will revert to the original grantor. This distinct feature of fee simple determinable differentiates it from other types of ownership.

In contrast, a fee simple absolute represents full ownership of the property without any conditions, providing the owner complete freedom to use, lease, or transfer the property without the risk of it reverting to the original owner. Tenancy at sufferance describes a situation where a tenant remains in possession of the property after their lease has expired, creating a different legal scenario that doesn’t involve reversion rights based on conditions. Joint tenancy refers to co-ownership where each tenant has an equal share with right of survivorship, which similarly does not involve conditions that could result in automatic reversion to an original owner.

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