What is required for a fee simple estate to be classified as 'defeasible'?

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A fee simple estate is classified as 'defeasible' when it is subject to specific legal conditions or limitations that could potentially cause the estate to end or be forfeited if those conditions are violated. This means that while the owner has full ownership rights, the continuation of those rights depends on adhering to certain stipulations outlined in the deed or will.

For instance, a fee simple subject to a condition subsequent may require the property to only be used for residential purposes. If the owner decides to use it for commercial purposes, the previous owner or their heirs could reclaim the property. This conditional aspect is what differentiates a defeasible fee simple estate from a standard fee simple estate, which is not subject to any conditions or limitations.

Other options do not pertain to the notion of a defeasible estate. A fee simple estate being indefinite pertains to its duration, not to any conditions. The involvement of two or more owners relates to ownership form rather than conditions affecting the estate. An inalienable right suggests that the property cannot be sold or transferred, which is not a characteristic of a defeasible estate. Instead, a defeasible fee simple includes specific conditions that must be observed to maintain ownership.

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