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The following article was published in our article directory on January 22, 2013.
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Definition Of A Qualified Fee land interest

Article Category: Advice

Author Name: Jack McMasters

A Qualified Fee land interest is a fee interest limited, or modified {in some way|somehow}, {so that|to ensure that|to ensure|in order that|to make sure that} the beneficiary may not hold the land forever. "A base or qualified fee is {such a one|such} as has a qualification subjoined thereto, and which must be determined whenever the qualification annexed to it is at an end", 2 Bl Comm 109. A 'qualified fee' land interest or a 'determinable fee' is a fee interest lqualified fee land interestike any other, in that it may last forever, but it has a limitation that was attached when the estate was granted, which if it occurs, will bring the estate to an end and transfer the right to {possession|ownership} of the land to another; {for example|for instance|as an example}, a fee granted for {as long as|so long as} the land is used for school purposes.

{{Although|Even though|Though|Eventhough|Whilst|However} the terms 'qualified' and 'determinable' are synonymous when applied to a fee interest, the latter is preferred in English law.|The {terms|words|phrase} 'qualified' and 'determinable' are synonymous when applied to a fee interest, the latter is preferred in English law.} {{Similarly|Likewise}, ...

In the {US|United States|USA}, qualified fee land interest and|...

In the US, qualified fee land interest and}

the {terms|phrases|words} 'base fee', 'determinable fee', 'fee {subject to|based on} an executory interest', or 'fee subject to a conditional {limitation|restriction|constraint} (all of which {automatically|immediately|instantly|systematically} come to an end if a specified event occurs and vest the fee in another) are used interchangeably (31 C.J.S., Estates (St. Paul, MN), § 13). {Thus|Therefore|Hence|So}, a qualified fee may be defined as "an estate in fee simple which automatically expires upon the occurrence of a given event 4 Thompson on Real Property, § 2171, p. 708 (1940) ...", Lehigh Valley R.R. Co. v. Chapman, 35 NJ 177, 171 A. 2d 653, 657 (1961) (4 Kent's Comm 9; King County v. Hanson Inv. Co., 34 Wash. 2d 112, 208 P. 2d 117 (1949); 31 C.J.S., Estates (St. Paul, MN), § 14). (Qualified Fee land interest).

" '{Whenever|Any time|When|At any time|Every time|On any occasion} a fee is so qualified as to be made to {determine|identify|establish}, or {liable to|reliant} be determined, at the {happening|occurring} of some contingent event or act, the fee is said to be base, qualified, or determinable. There are four classes of such fees, viz., fee upon condition, fee upon limitation, a conditional limitation, and a fee conditional at common law' Tiedeman, Real Property, p. 28, § § 44, 271", Tebow v. Dougherty, 205 Mo 315, 103 SW 985, 988 (1907) (4 Kent's Comm 9; {United States|Usa|United state of america} Pipe-Line Co. v. Delaware, 62 NJL 254, 41 A 759, 763 (1898)). (Qualified Fee land interest).

{{However|Nevertheless|Nonetheless|Although}, The American Law Institute, Restatement of Property (St. Paul, MN: 1936), Ch.|The American Law Institute, Restatement of Property (St. Paul, MN: 1936), Ch.} 4, Introductory Note: Special Note, considers {the use of|using} the terms 'base fee', 'conditional fee', 'qualified fee' or 'conditional limitation' as undesirable in modern American law, preferring to {refer to|describe} an estate so created as an estate in fee simple defeasible. {When|Whenever|If|Anytime} the term is used, a 'qualified fee' land interest may also be called a 'modified fee' or 'qualified fee estate'. Cf. absolute estate. See also estate on condition, fee simple conditional, fee simple determinable, fee tail, qualified title (Eng). (Qualified Fee land interest).

Keywords: {2 Bl Comm 10|4 Kent’s Comm 9|bl, conditional fee estate|Determinable fee simple|fee land|land interest|qualified fee|qualified fee land|interest determinable fee|United States Pipe-Line Co v Delaware}

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