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Allen v. Hall

Utah Supreme Court

148 P.3d 939 (2006)

Relevant factsFree

Allen's (plaintiff) divorce decree conveyed the family home to Satterfield in a fee simple determinable, conditioned on her making mortgage payments and staying near Salt Lake City, with reversion to Allen if she failed either condition; Satterfield later sold to Hall (defendant), who assumed existing mortgages and made improvements, and the reversion was triggered when Satterfield later moved away. The court of appeals ruled Allen was entitled to the home but had to pay off its debts and reimburse Hall for improvements under Utah's Occupying Claimants Act.

IssueFree

Whether a grantor to whom property reverts after conveying an unencumbered fee simple determinable is liable for debts and improvement costs the occupier incurred prior to reversion.

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