If a deed restricts land use for educational purposes, what type of interest does the school have?

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When a deed restricts land use for a specific purpose, such as educational purposes, the type of interest granted to the school in question is a fee simple determinable. This form of property interest automatically ends and reverts back to the grantor if the specified condition—the use of the land for educational purposes—is not met.

Fee simple determinable is characterized by the presence of a clear condition outlined in the deed, which dictates how the land must be used. If the land ceases to be used for education, the ownership does not need to go through a formal legal process to revert; it simply reverts back to the original grantor or their heirs, reinforcing the concept that the use of the land is intrinsically tied to the deed's stipulation.

In contrast, a fee simple absolute grants full ownership rights without conditions and would not revert under any circumstance. A fee simple subject to a condition, while similar, does require some action on the part of the grantor to reclaim the property when the condition is violated, distinguishing it from the automatic nature of a fee simple determinable. A life estate is also not applicable since it is limited to the lifetime of an individual and does not relate to a condition tied to property use.

Thus,

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