Show I ESTATES < UP05 CONDITION ° The Subject of Judge Sutherlands Lecture Yesterday Following is a brief synopsis ol Judge Sutherlands law lecture deliv ed at i the University yesterday e In general an estate is the property a person possesses An estate of any kind may be subject to conditions that I is its duration the manner cf using it etc may depend upon conditions that are inserted in the grant Such estates are divided into two classes First those subject to conditions implied and second those subject to conditions expressed ex-pressed in the grant Estates upon implied conditions are subject by law to these conditions without with-out having them expressed in the grant These are tacitly understood under-stood to belong to every tenancy even without the written assent of the parties concerned Briefly th yare y-are as follows The teuait ca uo ro act that will in any way affect the reversion ie he can do nothing to prevent the returning of the estate to the grantor or his heirs Should anything of this kind be attempted by the grantee the grantor can re enter and put an cud 10 the estate of the grantee Should the tenant or grantee attempt to secure a greater interest in-terest iu the estate than that specified in the grant then also his estate will be forfeited If the tenant fails to pay I rent or to perform services or to fulfill any conditions of the grant then the grantor can obtain a reversion of the I eitate i Tenants for life or for any shorter period have not the right to commit any act that will cause the estate to waste At first oaly the grantor could enter that is take possession of the land for conditions broken but by statute of Henry VIII it Vas enacteti that this could be done also by the grantee and that the grantor could enter en-ter for conditions brokta by the assignor as-signor of the grantee The reversion is that part of the estate which remains after the termination termin-ation of the grant and the grantee of a reversion must be the grantee of the entire reversion since the foregoing implied conditions of a grant pertains to land with all that the term land implies im-plies in law Estates upon expressed conditions ale those in which special conditions have been expressly inserted in the grant Thus a condition that the rantee shall or shall not marry a certain cer-tain person in order to enjoy the estate gonveyed by the grant is a collateral one and is not affected by the implied conditions Tese are cdled conditions by deed and their object iso is-o defeat toe estate granted in case of a breach of thtj conditions They are of a great variety and may consist in ffe doing or the forbearance from doing of any act relating to the property such as the payment of rent erfonuanceof work etc It is usual to reserve in the grant clause that the grantor may enter at any time if the conditions be broken Conditions are precedent and subsequent subse-quent A precedent condition is OLB to be fulfilled before the estate vests that is before the tenant comes into the temporary possession of it If A iso is-o pay a certain sum before he enters the estate of B this is a precedent condition con-dition though to be fulfilled after the agreement is made These precedent pre-cedent conditions must be strictly and literally fulfilled A can plead no disabilities as insanity infancy or other inability The act specified must have been performed before be-fore it can enter the estate and no court can vest an estate or right upon precedent condition unless it has been fulfilled In law the conditions are usually subsequent and require fulfillment after the estate vests Of this Kind is rent which the tenant is obliged to pay as a conci ion subsequent to his occupancy occu-pancy and the estate is defensible maybe may-be rendered void as long as the condition condi-tion or any part of it remains unfulfilled unful-filled or till it is released or in someway some-way barred There are limitations to these acts of condition They runs be consistent with the full enjoyment of estate or they are void Ir the grant is one in fee stme and there is a condition that the grantee may not sell the estate or may not remove from or go to it or that he shall not commit any waste of it by chauge of Husbandry etc then condition is void since it prevents the full enjoyment of an estate in fee simple The tenant for life must occupy oc-cupy the land in the usual or customary manner but the owner of an estate in fee simple can occupy his land as he sees fitWords of limitation in a grant estate where the estate shall end or define its duration in point of time and indicate eorae mode of putting an end to that estate during the time of its continuance continu-ance The first kind of limitation marks the utmost limit of the estate in time the second provides for accidental acci-dental occurrences so that the state may revest in the original owner without with-out loss to him Unlimited duration at an estate granted is obtained by inserting insert-ing the words heirs in connection with that of the grantee fI In order to defeat an estate and secure se-cure a reyersion it is necessary that the grantor makes an entry of the same thus putting the fact on public record For the delivery to the grantee is a public act originally perfofmed in the presence of all the neighborhood afterwards after-wards bV a record in court and the act of devestnaent must be equally public pub-lic and notorious Sufaicqueut conditions are not favored in law and are usually construed as favorably as possible to the grantee The com ts make humane distinctions in nia favor in order to prevent hardships hard-ships that would arise from a strict interpretation in-terpretation of the terms Some condition con-dition are never fulfilled Thus if the condition becomes an impossible one the grantee ii of course relieved of it or if by fl < od earthquake lighntmg the condition becomes an impossible one it nfe not be performed or if by a change ip the law the act has become be-come an illegal one or the actor designated desig-nated nas been disqualified by the law then the condition is void So when the condition is that the gruntee nrav not sell his estate the conr often rules that his executors may do so And if the grantee makes a tender of performance perform-ance the court may rule that this has all the effect of fulfilling the condition even should it not be accepted as fulfillment fulfill-ment by the grantor The next lecture will be on mortgages mort-gages |