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    Post: Fee simple determinable v. upon condition subsequent

    Posted by Curtis Wilson on 6/14/11

    In 1950, O, owner of Blackacre, an 80-acre parcel, executed
    and delivered a deed
    transferring 2 acres of Blackacre to X County. The relevant
    language of this deed stated:
    "O hereby grants 2 acres of Blackacre (adequately
    described) to X
    County to be used as the site of a highway weighing
    station. This deed is
    on the condition that if said use does not commence within
    6 months from
    this date, or having commenced, ceases, the conveyance to
    be null and
    In 1960, O executed a deed to Blackacre and delivered it to
    David. This deed described
    Blackacre as it had been described in the deed by which O
    had acquired Blackacre. It
    made no mention of the deed to X County. In 1961, O died
    intestate survived by Henry,
    his sole heir.
    The 2-acre parcel conveyed to X County was improved as a
    highway weighing station site
    within 60 days from the date of the 1950 deed. It was
    continually used as such until 1964
    when X County removed the weighing equipment and sold its
    interest in the land to Paul.
    David learned of the County's action before Paul took
    possession. David removed the
    fences which had separated the 2-acre parcel from David's
    land, and fenced around the
    outside boundaries of all of Blackacre so as to include the
    2-acre parcel with his land.
    In 1965 who is entitled to the 2-acre parcel and why?

    Posts on this thread, including this one
  • Fee simple determinable v. upon condition subsequent, 6/14/11, by Curtis Wilson.

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