...of a breach of the conditions of the deed, defendants claim a right of reverter and re-entry and it prays for a judgment declaring, among other things, whether any possibility of reverter exists as to defendants and whether they or any other Palmer heirs who may hereafter be born would have any interest in or claim upon the premises in the nature of a right of..., even prior to a breach, to waive his possible right of reverter. He could have taken any course agreeable to him by which this possible right might have been divested. No one disputes the proposition.... This is not an estate. ( Fowler v. Coates, 201 N.Y. 257. ) This possibility of reverter, this possible right of re-entry, passes to...

...that petitioners lack standing to maintain the first cause of action. In any event, the title argument is without merit as it is based on a claimed right of reverter if the property were no longer used...for church purposes. Only .006 of an acre of the approximate 75 acres conveyed to the Town was ever subject to such right and, as to that small parcel, the right of reverter was extinguished by merger...when the Town's grantor became the owner of both the right of reverter and the fee title to that parcel ( see Jemzura v. Jemzura, 36 NY2d 496, 502...

..., defendant owned this vacant lot in fee simple. In 2004, defendant conveyed possession of the lot by quit claim deed to Andrew Pettress & Company, retaining for itself a "conditional right of reverter." If...7, 2005. The final draft of the quit claim deed stated as follows: This conveyance is subject to a conditional right of reverter which is hereby reserved by the...property pursuant to the Grantee's Site Plan as approved by the City of Pontiac Planning Commission on or before July 7, 2005, Grantor shall have the right to exercise this right of reverter at any time...

...said Lula P. Crawford to convey the land in fee simple and thereby bar the rights of the issue and cut off the reverter of the grantor. 3d. Because his Honor, the Circuit Judge, erred in holding that the legislature had the right by...the act of 1906 (section 3562, Civil Code 1912), to change or divest the right of reverter of the grantor, H.K. Crawford, when he should have held...legislature had no power under the Constitution to divest or change the right of reverter of the grantor, H.K. Crawford, under the deed executed by him to Lula P. Crawford. 5th. Because his...

...." In the meantime the whole title is to the grantee, subject only to the possibility of reverter. North v. Graham, 235 Ill. 178, 85 N.E. 267, 268, 18 L.R.A., N.S., 624, 126 Am.St. Rep. 189. This right is...the precise question here involved, the announcements in the cases quoted are persuasive to the effect that the mere possibility of reverter existing at the time the Government took the property created in the grantor's heirs no right to...right of reverter is a mere naked possibility; that it is not a reversion and can not be conveyed but passes only to the heirs, and that it is in the nature of the right of dower lead only to the...

.... The lots were conveyed to the county on condition subsequent with right of reverter in Mack as trustee on breach of condition. This right before breach was not assignable.... Halpin v. School District, 224 Mich. 308; 23 R. C. L. p. 1104. 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. 1 Perry on Trusts (6th Ed.), § 67. But as this right of reverter accrued to the trustee after the creation of the trust relation and as it was carved...

...discovered that the deed that conveyed the property from the City of New York to Mayfield (the Mayfield deed), dated June 19, 1986, gave the City of New York a right of reverter pursuant to Executive Order No.... 50 (Koch) of the City of New York (66 RCNY 10-14). First American refuses to insure title without excepting the right of reverter. Similarly, plaintiffs title company, Ticor Title Insurance Company.... At movant's request, plaintiff contacted the City to ascertain if it would waive its right of reverter; the City declined. Thereafter, the closing was scheduled, with time being of the...

...the Circuit Court of Dade County, removing deed restrictions and a right of reverter incident thereto from a lot owned by the Appellees, who were the plaintiffs. The Appellant is a successor in.... District Court of Appeal of Florida, Third District. August 9, 1957. Appeal from the Circuit Court, Dade County, Marshall.... CARROLL, CHAS., Chief Judge. This is an appeal from a summary final decree of...

...not yet abandoned the right of way. For these reasons a verdict was directed for defendant. When Frances A. Avery, by her deed to the plaintiffs, attempted to convey to them the right of reverter before.... Railroad Co., 12 Allen (94 Mass.), 141 (90 Am. Dec. 141), as follows: "The right or possibility of reverter which belongs to a grantor of land on condition subsequent is...." It has been settled beyond any question in this jurisdiction that a deed attempting to convey the right of reverter before...

...did not own the land underlying the railroad right-of-way. Logan purchased the right-of-way and the underlying land from Southern Pacific, Central Pacific's successor in interest. The district court found that the right-of-way was conveyed as "a limited fee with the right of reverter." The...rights-of-way would continue to be used for transportation purposes. Many courts have provided that before 1871, the right-of-way that the railroads received was a limited fee with the right of reverter, but.... Notwithstanding, § 912 "applies regardless of whether the railroad has a limited fee with right of reverter or an exclusive easement...

...right to take advantage of a breach of the condition — a mere possibility of reverter, which is neither an estate nor an interest in real property, nor an assignable nor a devisable chose in action.... Christian Missionary Society, 151 App. Div. 116; affd., 211 N.Y. 515.) 6. The grantor may release his right of reverter to his immediate (or a subsequent.... E.R.R. Co., 12 N.Y. 121, 133, citing Lawrence v. Bayard, 7 Paige, 76.) Before breach any heir has not a "right of reverter," but only a "possible right of reverter." He has...

...provision that they "shall run with the land," and the original grantor retains no right of reverter in the event of a violation of the restrictions. In any event, despite the broad language of the...lower court had held that because the developer of a subdivision had reserved the right to amend the restrictions, this negated the existence of a common plan of development so as to preclude...enforcement by one remote grantee against another. In reversing that judgment, this court held that "the reservation of the right to amend restrictions is only one factor to be considered in determining...

...rights-of-way grants; (2) the federal government's limited right of reverter in the railroad rights-of-way, see 16 U.S.C. § 1248(c.... . . .'"). Under the Abandoned Railroad Right of Way Act, 43 U.S.C. § 912, enacted in 1922, land given by the United States for use as a railroad right-of-way in which the United States retained a right of reverter under...of action or that the plaintiff's right to relief necessarily depends on resolution of a substantial question of federal law.'" Morris v. City...

...right of reverter under the Redevelopment Agreement, terminating McCreary's interest in the property. The record reflects that...the property. The Court of Common Pleas' judgment did not preclude the Authority from seeking to exercise its right of reverter in the future in a manner consistent with the terms of the Redevelopment...ninety days to cure, citing, inter alia, her failure to begin construction on the property. On October 21, 2005, the Authority exercised its right of reverter in light of its conclusion that...

...correct that the property was given over 50 years ago subject to a condition subsequent, the defendants had no right of reverter. He granted a decree quieting title in plaintiff, as prayed for in...subsequent for which the right of reverter could not be conveyed or assigned before the breach. The distinction between a conditional limitation and a condition subsequent at times becomes very narrow...believe that the present suit is entirely governed by the Halpin Case, and that at the most a right of reverter was reserved to grantor, his heirs and assigns, dependent upon a breach of a...

...purposes or transferred to an unqualified operator within twenty years. That provision, however, creates no interest in the facilities. It is not comparable to a right of reverter retained by a...original site to the hospital, reserving to itself a right of reverter in the event the land ceased to be used for hospital purposes. Public officials selected the original board of trustees, but the...operating revenues, and the land of neither is subject to any right of reverter in favor of any governmental body. I find...

...two questions and appellee urges three, but in our view, they all turn on that of whether or not the reservation in the deed by Holtsinger to the Traction Company left any right of reverter in the...being so, he contends that no right of reverter passed to appellants by virtue of having acquired their title through Henderson and Gaither. A review of the cases cited in both...possession, and we think vested in the grantees all of Holtsinger's title, including his right to reverter, preserved in the deed to the Traction Company. The language used in both deeds is not...

...-of-way and the plat filed in 1855 by Neal merely recognizes the existence of the right-of-way. The year of historical significance for understanding the nature of the interests granted to railroads from the United States is 1871. Before 1871, railroads received a limited fee with a right of reverter. After.... § 912 (1988)), the statute applies regardless of whether the railroad has a limited fee with right of reverter or an exclusive easement...reverter if the right-of-way ceased to be used or retained for the purpose for which it was granted. ( United States v. Illinois Cent. R. Co. (E.D. Ill. 1949...

...playgrounds have been established thereon, therefore there is no necessity. "That said petition shows affirmatively that said right of reverter can be effective only if said school...board ceases to use said property for public school purposes, whereby the right of reverter cannot be necessary to the school board, as a matter of law. "That it is impossible, as a...matter of law, for a school board to use a right of reverter for school purposes or for the purpose of erecting school buildings or for the purpose of maintaining playgrounds." A...