FUTURE INTERESTS -TRANSFERABILITY OF RIGHT OF ENTRY FOR BREACH OF CONDITION

Authors

Abstract

Plaintiff's ancestor conveyed land to the city, on the express condition that the city should construct and forever maintain a "speedway" on the premises conveyed, reserving to himself, his heirs and assigns a right of entry for breach of the condition. Subsequently, before the condition was broken, he conveyed to a third party all his remaining land adjoining the Speedway, "together with all the right, title and interest of the party of the first part, in said Speedway." The breach of the condition having since admittedly occurred, the plaintiff, the heir of the original grantor, sought to assert the right of entry. Held, that the original grantor, by his ineffectual attempt to convey to the third party his right of entry, had extinguished the right, and full title was in the city. O'Connor v. City of Saratoga Springs, (App. Div. 1933) 262 N. Y. s. 809.

Recommended Citation

FUTURE INTERESTS -TRANSFERABILITY OF RIGHT OF ENTRY FOR BREACH OF CONDITION, 32 Mich. L. Rev. 415 (1934).
Available at: https://repository.law.umich.edu/mlr/vol32/iss3/20