W.R. Lynch and Company made a gift of land to the Phoenix Zoo using the following language: "To the Phoenix Zoo so long as the property is used for a children's petting zoo." The Zoo had a petting zoo for children on the property for five years and then began construction of an art museum. W.R. Lynch then sold the land to Marquardt Developers for a condominium project. The Phoenix Zoo has brought suit to halt construction of the project. What type of land interest did the grant from W.R. Lynch to the zoo create?

Question

Quizplus · Accepted Answer

Fee simple determinable is an interest in land that may end upon the occurrence of a specified event. In this case, the event is the cessation of the use of the property for a children's petting zoo.

WR Lynch and Company Made a Gift of Land to the Phoenix