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Such a condition could be that the land shall be used This case arises out of a dispute over the use of, and rights in, real property. The Rozmarynowskis filed a cross-complaint against Portage Lake Land Company, claiming that other subdivision owners were continually trespassing on parcel 2 to lot 43. 25 0 obj Safety and health of everyone is our highest priority. <>26]/P 22 0 R/Pg 9 0 R/S/Link>> Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Make your practice more effective and efficient with Casetexts legal research suite. Portage Lake Land Company filed suit to enjoin the Andrews from maintaining a fence on the waterfront parcel to lot 41. Michigan - Right to Repair Legal insights into the construction and engineering sector. <> 29, 1968 . See also MCL 566.106; MSA 26.906 (statute of frauds concerning easements). Supporting you when dealing with health and care inquests. Under the general rule a trust cannot be created in a right of reverter, because only valuable property that can.be assigned may be the subject-matter of a trust. The right of reversion arises when the original owner of the property sells or leases it to another person for a term of years, and the term expires. This curious doctrine which permits alienation of the possibility of reverter and denies a right to con Pursuant to the School Sites Act 1941, the Literary and Scientific Institutions Act 1854 and the Places of Worship Sites Act 1873 (Acts), any freehold interest in property which was granted, transferred or enfranchised (either by gift, sale or exchange) for a specific purpose would revert to the benefactor should use for that purpose cease. That the deed provided for an automatic reversion in the event of a violation, and hence a right of reversion, was enough to invoke the rules contained in MCL 554.62; MSA 26.49(12) and MCL 554.65; MSA 26.49(15). not being used in accordance with the requirements laid out upon endobj 6 0 obj Section 554.62 - Specified contingency; termination right; limitation period. To unlock this lesson you must be a Study.com Member. Plaintiffs appeal as of right from a judgment and order granting defendants' motion for summary disposition, MCR 2.116(C)(7) and (10). Plaintiffs further alleged that they were the equitable owners of a parcel lying directly between lot 43 and Portage Lake, which the parties refer to as "parcel 2." [38 0 R 40 0 R 42 0 R 43 0 R 44 0 R 45 0 R 46 0 R 47 0 R] 37 0 obj <>0]/P 13 0 R/Pg 9 0 R/S/Link>> Access our data room facility and client collaboration platform. He wrote in his will that I was not to be at his funeral, which was hurtful, as we had been married for 30 years. There may be trusts of land which should be overreached and sellers ought to be clear as to whether sale proceeds are due to third party beneficiaries. %PDF-1.7 Register for My M&R to stay up-to-date with legal news and events, create brochures and bookmark pages. Mar. All other trademarks and copyrights are the property of their respective owners. Property - Illinois Possibility of Reverter Act Held Constitutional application/pdf The court below, however, concluded that the deed restrictions remained enforceable notwithstanding that the reversion itself was not enforceable. We have three grown daughters. endobj It may be time to get back to the classroom: property lawyers should be alert to peculiarities when dealing with property formerly owned by schools, institutions promoting science, the arts and literature or used as a place of worship. Reverter Law and Legal Definition | USLegal, Inc. The Michigan Supreme Court upheld this decision and determined the property owners' Fourteenth Amendment rights were not violated. 6 0 obj Our conclusion makes a review of plaintiffs' remaining issues unnecessary. You already receive all suggested Justia Opinion Summary Newsletters. uuid:5243bb47-b540-11b2-0a00-304ffbb3ff7f The judgment in the 1963 case denied the Rozmarynowskis any relief. The court further enjoined plaintiffs from interfering in any way with the ability of property owners and residents of Portage Lake Resort and the Orchard Addition to Portage Lake Resort Subdivision to use and enjoy parcel 2. 35 0 obj Oxendine v. Secretary of State, 237 Mich. App. ", describing the difference between a deed restriction and a deed condition, stating that collateral estoppel bars relitigation of an issue. [37 0 R 39 0 R 41 0 R 42 0 R 43 0 R 44 0 R 45 0 R] Collateral estoppel applies only when the basis of the prior judgment can be clearly, definitely, and unequivocally ascertained. 48 0 obj Our real estate lawyers identifying new trends in the industry. 25, 35-36; 468 N.W.2d 884 (1991). . Free matter information, know-how and document repository. 49 0 obj See 1968 PA 13. endobj Reversionary interest: A future right to own or possess property that is subject to the present rights of another who is presently in possession of the property. xXnF}W#$_ H9qe5@h$rIK(29g=[m0EZwZ]G3L)0C(;uEqE;Lwj!.R)SD?|.,hW Plaintiffs also requested actual and punitive damages. Prince 14.2 (www.princexml.com) "Reverter" redirects here.