In a fee simple on condition subsequent, what happens upon violation of the condition?

• A. Automatically reverts to the grantor
• B. The estate is terminated and converted to a life estate
• C. There is a possibility of reversion to the original owner
• D. The grantor loses all rights

Answer: (C)

In a fee simple on condition subsequent, the grantor keeps a future interest, typically called the right of entry or power of termination. If the condition is violated, the grantor has the option to retake the property, but this doesn’t happen automatically—the grantor must take action to reclaim it. That’s why there is a possibility of reversion to the original owner after a breach. This differs from a fee simple determinable, where the property automatically reverts upon the condition happening. It also means the estate isn’t converted into a life estate, and the grantor doesn’t lose all rights—they retain the right to reclaim if they choose to exercise it.