Forsgren v. Sollie

659 P.2d 1068 (Utah 1983)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

In 1960, Forsgren (P) granted 1.4 acres of land to Sollie (D) for $1,400. The deed was conveyed on the condition that D build a partition fence along the south side of the property and that the fence was to be erected before any construction or placements of improvements on the property. The property was also conveyed to be used for a church or residence purposes only. D never built the fence and the property was sold for taxes in 1967 and was purchased and conveyed to the grantor. In 1972, LeFleur purchased the property at a tax sale. D quitclaimed for $1,500. The grantor then excavated and poured concrete for a small building. LeFleur discovered this and drove a tractor on the property and knocked over the foundations. The grantor then brought a quiet title action. The trial court held for P in that the specified conditions were not performed within a reasonable time and that the grantor has exercised her right of reentry in 1967; fee simple ownership was awarded to P the grantor. D appealed.