We review rulings regarding motions for summary disposition de novo. Future Interests - Possibilities of Reverter - Constitutionality of Retroactive Limitation %PDF-1.7 % . noting that "the deed provided for an automatic reversion in the event of a violation, and hence a right of reversion", In Ditmore v Michalik, 244 Mich App 569, 580-81; 625 NW2d 462 (2001), this Court stated: "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. <>stream However, our review of the record revealed no indication that the trial court ever resolved the issue whether neighboring property owners had any claim or right in the Rozmarynowskis' property. First, the deed that created the terminable interest dated back to 1944. Pierson, supra at 380. Analysis and comment on legal, policy and commercial issues. Plaintiffs alleged below that they were the equitable owners of certain real property located in Dexter Township, which we will refer to as lot 43, and which is part of a subdivision that Portage Lake Land Company developed. 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. Section 554.61 - Terminable interest, specified contingency; definitions. Health and care inquests - Resource library. Ludington N R Co v Epworth Assembly, 188 Mich. App. The trial court ruled that the right of reverter that accompanied the deed restrictions was not enforceable. If, however, the original use is continuing at the time of disposition, the reverter trust has not yet arisen. The facts were not identical because the deed language at issue in the 1962 case was different and therefore did not involve the same matter as the present case. Section 554.63 - Existing termination rights limitation. Defendants filed a counterclaim in which they alleged that plaintiffs violated certain deed restrictions. purposes. Pursuant to the School Sites Act 1941, the Literary and Scientific Institutions Act 1854 and the Places of Worship Sites Act 1873 (Acts), any freehold interest in property which was granted, transferred or enfranchised (either by gift, sale or exchange) for a specific purpose would revert to the benefactor should use for that purpose cease. "In order to create an express easement, there must be language in the writing manifesting a clear intent to create a servitude."
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