The trial court ruled that the right of reverter that accompanied the deed restrictions was not enforceable. Plaintiffs first contend that because the 1962 case involved a settlement, the doctrine of res judicata does not apply because the case did not result in a judgment on the merits. MacKenzie, JJ. [eF_C2-EN=M]4{H8 pp=H 3A DK <> In addition, a town meeting vote in 2006 gave the board discretion to "release the right of reverter contained in that certain deed [to the authority] on terms deemed in the best interest of the town, and to accept as consideration for such release a grant of a perpetual affordable housing restriction for the purpose of ensuring the . Regarding the difficulty in distinguishing between a fee simple determinable and a fee simple subject to condition subsequent, and the confusion contained in this state's case law, see 1 Cameron, Michigan Real Property Law (2d ed), 7.10, pp 250-251. endobj This will ensure the buyer will acquire the land free from the rights of reverter. If the Grantor or any of its successors in interest to a right of reverter in the Real Property is dissolved as a corporation, limited liability company, or partnership, as the case may be, for any reason, <>9]/P 19 0 R/Pg 9 0 R/S/Link>> Section 554.63 - Existing termination rights limitation. Send us your enquiry and we will get back to you as soon as possible. Let's say you own a residential lot with a house in fee simple absolute, which is the least restrictive of all possessory estates because you hold the property indefinitely and have very little restrictions placed upon you regarding occupancy and use. . We also learned that reversionary interests are future interests held by a grantor or devisor and that reversionary interests include the following: 27 chapters | Our main Twitter account for Mills & Reeve. for Mills & Reeve. We are left to speculate regarding the reason that the trial court denied the Rozmarynowskis any relief. <>13]/P 20 0 R/Pg 9 0 R/S/Link>> that there is a chance that the property may return ("revert') to . state the name and address of the owner of such right of termination." retake possession or ownership of property that is not being used These claims were based on Century 21's sale of Lot 43 and Parcel 2 to plaintiffs. We reject this argument. endobj 8410), summed up the issue: "The provision authorising sale or exchange (section 14) does not itself contain anything. But on a breach of a condition subsequent the wife of the holder of the right of entry acquires an inchoate right of dower only after her husband has effected a forfeiture.4 If the husband dies be- All other trademarks and copyrights are the property of their respective owners. Before: O'Connell, P.J., and Zahra and B.B. 188, 197; 590 N.W.2d 747 (1998); 1 Restatement Judgments, 2d, 24, p 196. <>32]/P 24 0 R/Pg 9 0 R/S/Link>> <>/Metadata 2 0 R/Outlines 5 0 R/Pages 3 0 R/StructTreeRoot 6 0 R/Type/Catalog/ViewerPreferences<>>> If A uses the property for a purpose other than education, the property reverts to grantor Blackacre. Portage Lake Land Company claimed that the Rozmarynowskis (lot 43), with the consent of Dickerson (lot 42), constructed a fence on the lakefront parcel to lot 42. The possibility of reverter is a future interest held by a grantor or transferor of property as a fee simple determinable (See possessory estate ). Learn the definition of future and reversionary interests, and explore the three types of reversionary interests: possibility of reverter, right of entry, and reversion. Disclaimer: These codes may not be the most recent version. xXnF}W#$_ H9qe5@h$rIK(29g=[m0EZwZ]G3L)0C(;uEqE;Lwj!.R)SD?|.,hW Our conclusion makes a review of plaintiffs' remaining issues unnecessary. there is a chance that the property may return ("revert') to its In the present case, the deed did not require the grantee to do anything or refrain from doing anything. Res judicata bars relitigation of matters that were or could have been resolved in the first case. To repeal Michigan's right-to-work law, which prohibits employers and unions from entering contracts that compel employees to pay dues or fees to a union as a condition of employment. The event (or nonevent) that triggers the automatic transfer of property back to the grantor is called the condition subsequent. 2022-10-12T15:46:37-07:00 in accordance with the requirements laid out upon the transfer of endobj Second Annual CRA Law Symposium December 6, 2016 Mt. Defeasance as a Restrictive Device in Michigan, 52 MicH. L. REV. This site is protected by reCAPTCHA and the Google, There is a newer version of the Michigan Compiled Laws, Act 13 of 1968 - POSSIBILITIES OF REVERTER AND RIGHTS OF ENTRY (554.61 - 554.65). stream Mar. At least one state considers it a lease with an option to renew, . We review rulings regarding motions for summary disposition de novo.

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