REAL PROPERTY-DETERMINABLE FEE-ALIENABILITY OF POSSIBILITY OF REVERTER

Authors

Joseph N. Morency, Jr. S.Ed., University of Michigan Law SchoolFollow

Abstract

In 1895, Scofield conveyed a small portion of his farm to the defendant, Town of Charlotte, by quitclaim deed which provided: " . . . to be used by said town for school purposes, but when said Town fails to use it for said school purposes it shall revert to said Scofield, his heirs and assigns, but the Town shall have the right to remove all buildings located thereon. The Town shall not have the right to use the premises for other than school purposes." The title to the farm vested in plaintiff by mesne conveyances. The land in question was used for school purposes until 1936, and as a storehouse for school supplies until sale of the school house to the defendant, B, in 1944. Plaintiff filed a bill in equity to enjoin interference by the defendant Town with the land and sale by it of the building; and, after rejecting the defendants' contention that the possibility of reverter which vested in the plaintiff was not alienable, the trial court granted the relief prayed for in the bill. On defendant's exception to the decree, held, affirmed, the estate created by the quitclaim deed was a determinable fee, and the possibility of reverter was alienable. Collette v. Town of Charlotte, (Vt. 1946) 45 A. (2d) 203.

Recommended Citation

Joseph N. Morency, Jr. S.Ed., REAL PROPERTY-DETERMINABLE FEE-ALIENABILITY OF POSSIBILITY OF REVERTER, 45 Mich. L. Rev. 375 (1947).
Available at: https://repository.law.umich.edu/mlr/vol45/iss3/12