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.