The Temporary Cessation Doctrine: A Practical Response to an Ideological Dilemma

Abstract

This article will explore the historical development of the fee simple determinable rule, its subsequent application to activities in the secondary term and the difficult doctrinal fit between the concept of temporary cessation of production and the rule. The primary emphasis will be on Texas cases, but comparisons with other jurisdictions and their treatment of the temporary cessation doctrine will be made. In addition, cases involving defeasible term interest will also be explored since Texas courts have essentially treated the leasehold habendum clause and the similar defeasible term deed granting clause the same.