xXnF}W#$_ H9qe5@h$rIK(29g=[m0EZwZ]G3L)0C(;uEqE;Lwj!.R)SD?|.,hW Our team of Mills & Reeve sport lawyers on Twitter. Emerging trends affecting the real estate industry. People v Gates, 434 Mich. 146, 154; 452 N.W.2d 627 (1990); McMichael v McMichael, 217 Mich. App. Such a condition could be that the land shall be used <> The judgment contained no indication regarding Portage Lake Land Company's desire to preserve the right of termination, nor did it "describe the land involved and the nature of such right of termination, including the specified contingency, and . We review such questions de novo. <>stream 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." I would definitely recommend Study.com to my colleagues. 5 0 obj This property was very close to plaintiffs' lot 43, and the parcel between lot 41 and the canal was the equivalent of plaintiffs' own parcel 2. For more information read more about our use of cookies here, your setting can be changed at any time. The possibility of reverter is a future interest held by a grantor or transferor of property as a fee simple determinable (See possessory estate ). at 455-456; Schwartz v Flint, 187 Mich. App. (a) In the event that, following Close of Escrow on Phase 1 or Phase 2, this Agreement is terminated pursuant to Section 12.05 and such termination occurs prior to issuance of a Certificate of Completion for any Phase of the Project the Agency shall have the right subject to the provisions of Article 13 below, to re . The recording of such notice shall operate to preserve such right of termination from the operation of this act for a period of 30 years from the date of recording of such notice. Possibility of reverter Definition | Law Insider 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. PDF STATE OF MICHIGAN COURT OF APPEALS - State Bar of Michigan Consequently, the trial court erred to the extent that its grant of defendants' motion for summary disposition was based on principles of res judicata. endobj endstream endobj The present owner's interest in property that is subject to a right of reverter is referred to as a "determinable fee." Rails-to-Trails ConservancyNational Headquarters Prince 14.2 (www.princexml.com) Learn the definition of future and reversionary interests, and explore the three types of reversionary interests: possibility of reverter, right of entry, and reversion. If the adjoining landowners had a private understanding regarding the matter at some point in the past, the record below does not indicate that it was ever memorialized in any writing that complied with the requirements of MCL 566.106; MSA 26.906 or its predecessors. Mar. 2 0 obj Subscribe to, or manage your My Mills & Reeve account. Neither document refers to the existence of an easement on plaintiffs' parcel 2. History: 1968, Act 13, Imd. 188, 197; 590 N.W.2d 747 (1998); 1 Restatement Judgments, 2d, 24, p 196. "Reverter" redirects here. Id. Please check official sources. <> Login New! Sometimes you have a right to presently occupy and use real estate, and sometimes you have to wait. application/pdf Pierson Sand Gravel, Inc v Keeler Brass Co, 460 Mich. 372, 379; 596 N.W.2d 153 (1999). 29, 1968. 2 0 obj 24 0 obj the right and another has voided the property interest. Your source for Local information & breaking news across southeast Michigan plus 4Warn Weather providing you . %PDF-1.7 Determinable title to a property, the former owner may convey title The company complained that the fence interfered with the rights of other property owners in the subdivision. If, on remand, defendants submit additional evidence that would support the application of principles of res judicata or collateral estoppel to bar plaintiffs' action, the court is directed to provide a detailed analysis in a written opinion. 3 The right of reverter and right of re-entry should be distinguished on the basis of what copyright 2003-2023 Study.com. Act 13 of 1968 - POSSIBILITIES OF REVERTER AND RIGHTS OF ENTRY (554.61 We note that the lower court record contained two documents entitled "affidavit of interest," dated 1977 and 1982 respectively, that purported to create an easement for ingress and egress, as well as recreational use on the waterfront parcels to lots 41 and 42. Its like a teacher waved a magic wand and did the work for me. The deed language at issue in this case states that a violation of the express condition "shall cause the title to the property hereby conveyed to revert to the grantor, its successors and assigns." The event (or nonevent) that triggers the automatic transfer of property back to the grantor is called the condition subsequent. Should the current owner begin to use endobj Every piece of content we create is correct on the date its published but please dont rely on it as legal advice. For this reason, the Michigan Referee Committee has modified the referee certification process. 47 0 obj The essence of defendants' argument below was that both the 1963 case and the present case involved the same legal issue, namely, whether neighboring landowners had any legal right with respect to parcel 2. The deed language at issue in the present case created a terminable interest as defined in MCL 554.61(a); MSA 26.49(11)(a): A right of reversion, or possibility of reverter, is a future interest that remains in a grantor and is associated with a fee simple determinable.