Wednesday, January 28, 2026

Johnson v. City of Wheat Ridge (p. 294)

Finally some decent drafting (see p. 294):

Each of the original deeds contains conditions that the property must be used for a public park to be named “Johnson Park.” The 1957 deed contains additional conditions, i.e., that, within certain time limits, the grantee shall provide a road into the land, clear away fire hazards, and make available a public water supply and lavatories on the premises. Each deed also contains the following language:


“In the event that any of the conditions set out above are not
complied with the failure to comply shall constitute a condition
subsequent terminating the estate of the Grantee and its assigns in
and to all of the real property, land, above described, and the Grantor,
his heirs and assigns may re enter and take possession of said
premises.”

Is there any doubt what kind of estate was created here? 

So now what's the problem?