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?
A) Fee simple determinable
B) Fee simple subject to a condition subsequent
C) Fee simple absolute
D) Tenancy at will


A

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