In which type of estate is a condition implied using phrases like "so long as" or "while"?

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The correct answer is based on the concept of a "fee simple subject to a condition." This type of estate is characterized by the use of conditional language, such as "so long as" or "while," which establishes limitations on the ownership of the property. In a fee simple subject to a condition, the property ownership remains intact as long as the specified condition is met. If the condition is violated, the original grantor or their heirs may reclaim the property.

This condition sets it apart from other types of estates. For instance, a fee simple absolute represents full ownership without any conditions or limitations, allowing for unrestricted use of the property. Conversely, a life estate grants ownership for the duration of an individual's life, but it doesn't involve conditional phrases like those found in a fee simple subject to a condition. A fee simple de-feasible introduces similar ideas, but it typically relates to circumstances that still allow for rights under fees without necessarily incorporating those specific phrases.

Understanding these distinctions is crucial in real estate, as they affect rights, obligations, and the future of property ownership.

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