Forsgren v. Sollie
Utah Supreme Court
659 P.2d 1068 (1983)
Forsgren (plaintiff) conveyed 1.4 acres to Sollie (defendant) "on the condition" that Sollie survey the property and build a fence along its southern border, with the deed also restricting use to "church or residence purposes only," but Sollie left the state without completing either task. Forsgren later reacquired part of the property through a tax sale and reentered the entire parcel; years later, the LeFleurs (defendants) bought the remaining property at a separate tax sale and eventually paid Sollie for a quitclaim of his interest, after which Forsgren poured concrete footings that the LeFleurs demolished. Forsgren sued to quiet title, and the trial court found the deed created unfulfilled conditions subsequent, that Forsgren had validly exercised her right of reentry, and granted her fee simple ownership; the defendants appealed.
Whether, if a deed clearly conveys the grantor's intent to create a fee simple subject to a condition subsequent but does not expressly grant a right of reentry, and the condition does not occur, the grantor nonetheless has the right to reenter the property.