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Comparison definition. It is said that a fee simple determinable differs from a fee simple subject to a condition subsequent in that, in the former, upon the happening of the stated event the estate ipso facto or 'automatically' reverts to the grantor or his heirs, while in the latter the grantor must take some affirmative action to divest the grantee of his estate. Board of Chosen Freeholders of the County of Cumberland v. Buck, 79 N.J. Eq. 472 (Ch. 1912); Carpender v. City of New Brunswick, 135 N.J. Eq. 397 (Ch. 1944); Restatement, Property, §§ 44, 45 (1936).
The interest remaining in the grantee in a fee simple determinable has been denominated a possibility of reverter, Restatement, Property, §§ 44, 154, while the interest remaining in the grantee of a fee simple subject to a condition subsequent, i.e., the right to re-enter upon the happening of prescribed contingency, has been denominated a power of termination. Restatement, Property, §§ 45, 155.
It is further alleged that a fee simple determinable estate is more onerous than an estate in fee simple subject to condition subsequent in that in the defenses of waiver and estoppel which ...
