An estate may be granted upon either express or implied conditions. The estate shall commence, be enlarged, or be defeated upon the performance or breach of the conditions.
(Orig. Code 1863, § 2275; Code 1868, § 2268; Code 1873, § 2294; Code 1882, § 2294; Civil Code 1895, § 3136; Civil Code 1910, § 3716; Code 1933, § 85-901.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 28 Am. Jur. 2d, Estates, § 148.
C.J.S.- 21 C.J.S., Covenants, § 1. 26A C.J.S., Deeds, §§ 246, 273, 304 et seq., 326. 31 C.J.S., Estates, §§ 7, 8, 10, 12, 21 et seq. 96 C.J.S., Wills, §§ 1238, 1239, 1254 et seq, 1280. 97 C.J.S., Wills, § 1380.
ALR.
- Reservation by successive grantors of re-entry for breach of conditions subsequent in deeds, 114 A.L.R. 566.
Distinction between contingent estates and estates vested, subject to defeasance, 131 A.L.R. 712.
Provision of will for forfeiture in case of contest, as applied to contest by one not a beneficiary, 7 A.L.R.2d 1357.
Nature of estate conveyed by deed for park or playground purposes, 15 A.L.R.2d 975.
Validity and effect of transfer of possibility of reverter or right of re-entry, following conveyance of determinable fee or fee subject to condition subsequent, 53 A.L.R.2d 224.