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Property Ownership Land Use ControlsEstates_and_property_typesMEDIUM

Martin grants a fee simple determinable to a local church in California, stating the property shall be used 'so long as it is used for religious purposes.' The church has used the property for worship for 25 years. The church now wants to sell the property to a commercial developer. What happens under California law?

Correct Answer

B) Title automatically reverts to Martin or his heirs when the religious use ceases

A fee simple determinable automatically terminates when the stated condition is violated. The language 'so long as' creates an automatic reverter. When the church ceases using the property for religious purposes (by selling to a commercial developer for non-religious use), title automatically reverts to Martin or his heirs through the possibility of reverter.

Answer Options
A
The church can sell to the developer, and the developer takes fee simple absolute
B
Title automatically reverts to Martin or his heirs when the religious use ceases
C
The church can sell, but the developer takes subject to the same condition
D
The condition expires after 25 years under the California Rule Against Perpetuities

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Related Topics & Key Terms

Key Terms:

fee_simple_determinablepossibility_of_reverterautomatic_reversioncondition_violated
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