Fee Simple Determinable

12 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• (Consolidated Helium Cases) N. Natural GAS Co. v. Grounds
  441 F.2d 704· 10th Cir.· 1971-03-02 ·cited 54×
  The court held that oil and gas leases, absent express reservations, convey all components of the gas stream, including helium, based on the general intent of the parties to profit from production.
• Addie C. Richardson v. Holman
  160 Fla. 65· Fla.· 1948-01-20 ·cited 40×
  In this property law case, the Florida Supreme Court held that a deed reservation containing automatic reverter language creates a fee simple determinable with an assignable possibility of reverter, which the grantor could convey to subsequent grantees. The court reversed a lower
• Nat'l Wildlife Fed'n v. Interstate Commerce Comm'n & United States
  850 F.2d 694· D.C. Cir.· 1988-06-10 ·cited 11×
  The court held that the ICC's interpretation of § 8(d) to allow only voluntary transfers of railroad rights-of-way was reasonable, but remanded the case to reconsider whether the application of its rules constitutes a taking of reversionary interests without just compensation.
• Dorotea Zaldivar v. DE Tenorio
  510 F.2d 92· 5th Cir.· 1975-03-19 ·cited 7×
  The court held that Hamilton McGowan, as a fiduciary to his brother and then to his brother's widow, breached his duty by failing to inform her of her interest in the property and by attempting to divest her of it through a state court proceeding without notice.
• Thompson v. First Nat'l Bank OF Hollywood
  321 So. 2d 466· Fla. 4th DCA· 1975-10-17 ·cited 6×
  Thompson addresses whether a lessee is liable for special assessment liens imposed on leasehold property. The court affirmed the trial court's judgment in favor of the lessee, holding that a general covenant to pay "taxes" does not include special assessments absent express contr
• Fitz Robert Hurd and Margaret Hurd v. Becker
  173 So. 2d 141· Fla.· 1965-03-17 ·cited 3×
  The Hurds contracted to purchase property from the Beckers with a provision that title must be "good and marketable," but the title chain contained a reverter clause. The Supreme Court held that the parties' intent regarding whether this reverter clause constituted an acceptable
• Fitz Robert Hurd and Margaret Hurd v. Becker
  165 So. 2d 420· Fla. 3d DCA· 1964-06-09 ·cited 3×
  A deposit receipt contract's language conveying property subject to "conditions ... of record" encompasses a reverter clause that renders title technically unmarketable, thus binding the purchaser to accept such title absent express exception. The word "conditions" as used in the
• Hollywood, Inc. v. Zinkil
  403 So. 2d 528· Fla. 4th DCA· 1981-09-02 ·cited 1×
  In this long-running dispute over public beach ownership in Hollywood, Florida, the court affirmed that the City holds beach property through dedication and a 1927 deed as a fee simple determinable (for Block 205) and through dedication (for Block C), but reversed the jury's find
• Welsh
  Del. Ch.· 2008-02-15
  The Court of Chancery granted summary judgment for the Welshes, finding the buyback provision void for violating the rule against perpetuities and the construction agreement unenforceable due to vagueness. The court denied the Welshes' motion regarding the developer's ability to
• Falls City v. Mo. Pac. R.R. Co.
  453 F.2d 771· 8th Cir.· 1971-12-20
  A reverter clause in a deed, even if couched as a use restriction, is void and unenforceable as an indirect restraint on alienation if it adversely affects marketability by practically restricting alienation.
• Kelley v. City OF Cocoa
  188 So. 2d 71· Fla. 4th DCA· 1966-07-25
  The court held that the appellants' claim to the property was barred by statutes of limitation, rendering their rights unenforceable.