National Real Estate Exam (PSI)Property OwnershipMedium
A deed conveys land 'to the City so long as the property is used as a public library.' If the city stops using the property as a library, what happens to title?
- ATitle passes to the state government by default
- BThe city retains title permanently regardless of use
- CTitle automatically reverts to the grantor or the grantor's heirs
- DThe grantor must file a lawsuit within one year to reclaim the land
Show answer & explanationAnswer & explanation
Correct answer: C. Title automatically reverts to the grantor or the grantor's heirs
Language such as 'so long as' creates a fee simple determinable, which automatically reverts to the grantor (or heirs) via a possibility of reverter the moment the stated condition is violated, with no legal action required.
Why the other options are wrong
- A. The state has no claim absent specific language granting it interest.
- B. This ignores the conditional nature of the grant.
- D. No lawsuit is needed; reversion is automatic.
Fee Simple Determinable
A defeasible fee estate that automatically ends and reverts to the grantor if a stated condition is violated, typically signaled by words like 'so long as' or 'while used for.'
- Grantor retains a possibility of reverter
- Reversion is automatic, not by court action
- Contrast with fee simple subject to condition subsequent, which requires grantor action to retake title
Memory trick: 'So long as' means it snaps back automatically.