§ 1109 Conditional Grant Reconveyance Requirement

If a grant includes a condition and that condition isn’t fulfilled, the person who received the property must give it back to the person who gave it.

Key Takeaways

•A condition that isn’t met means the property must be given back.
•The rule applies whether the condition must happen first (condition precedent) or can end the grant (condition subsequent).
•The grant works like a promise that can be undone if the promise isn’t kept.

Example

A homeowner receives a deed that says they must repair the roof within two years. If they fail to repair it, they must return the house to the original owner.

Because the repair condition wasn’t met, the property must be reconveyed to the original owner as the law requires.

How to Calculate

If ConditionPerformed = False Then Reconv ey Property

Determine whether the condition was performed.
If the condition was not performed, proceed to Step 3.
Reconv ey the property to the grantor or their successors.

The condition to build a fence was not completed.

Result: Reconv ey the property

Where a grant is made upon condition subsequent, and is subsequently defeated by the non-performance of the condition, the person otherwise entitled to hold under the grant must reconvey the property to the grantor or his successors, by grant, duly acknowledged for record. (Enacted 1872.) [1110.] Section Eleven Hundred and Ten. An instrument purporting to be a grant of real property, to take effect upon condition precedent, passes the estate upon the performance of the condition. (Amended by Code Amendments 1873-74, Ch. 612.)

If a grant includes a condition and that condition isn’t fulfilled, the person who received the property must give it back to the person who gave it.

Key Takeaways

•A condition that isn’t met means the property must be given back.
•The rule applies whether the condition must happen first (condition precedent) or can end the grant (condition subsequent).
•The grant works like a promise that can be undone if the promise isn’t kept.

Example

A homeowner receives a deed that says they must repair the roof within two years. If they fail to repair it, they must return the house to the original owner.

Because the repair condition wasn’t met, the property must be reconveyed to the original owner as the law requires.

How to Calculate

If ConditionPerformed = False Then Reconv ey Property

Determine whether the condition was performed.
If the condition was not performed, proceed to Step 3.
Reconv ey the property to the grantor or their successors.

The condition to build a fence was not completed.

Result: Reconv ey the property

Key Takeaways

Example

How to Calculate

Key Terms

References

§ 1109 Conditional Grant Reconveyance Requirement

Key Takeaways

Example

How to Calculate

Key Terms

References

Key Takeaways

Example

How to Calculate

Key Terms

Related Statutes

References

Key Takeaways

Example

How to Calculate

Key Terms

Related Statutes

References