Tom wants to purchase Mary’s white cottage on the lake and Mary agrees to sell – but only if Tom will agree that if the cottage is ever structurally altered or painted any color but white the title will revert to Mary. When this restrictive provision appears in the deed, it will be:
A condition is similar to a covenant, but failure to comply will result in forfeiture and reversion of the title to the grantor. A covenant is a promise to do or not do something, but failure to comply does not result in forfeiture of title. An easement is a transferable right to use another’s property for a particular purpose. A license is revocable, assignable permission to enter another’s land for a particular purpose.
The restrictive provision that appears in the deed is called a “reverter clause” or a “right of reentry clause.” This clause gives Mary the right to retake possession of the cottage if certain conditions are met, such as if the cottage is structurally altered or painted any color but white.
In legal terms, this type of clause is known as a “condition subsequent” that is attached to the deed. It means that Mary’s ownership of the cottage is conditional upon Tom meeting the requirements stated in the clause. If Tom fails to comply with the clause, the ownership of the cottage will revert to Mary.
It’s important to note that reverter clauses may have different legal implications in different jurisdictions and can be subject to interpretation. So, it’s best to consult with a real estate attorney before agreeing to such conditions.
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