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. History. Orig. Code 1863, § 2275; Code 1868, § 2268; Code 1873, § 2294; Code 1882, § 2294; Civil Code 1895, § 3136; Civil Code 1910, § […]
Conditions may be either precedent or subsequent; conditions precedent require performance before the estate shall vest, and conditions subsequent may cause a forfeiture of a vested estate. The law favors conditions to be subsequent rather than precedent and to be remediable by damages rather than by forfeiture. History. Orig. Code 1863, § 2276; Code 1868, […]
Upon the breach of a condition subsequent, which breach works a forfeiture of the estate, the person to whom the estate is limited may enter immediately. History. Orig. Code 1863, § 2280; Code 1868, § 2273; Code 1873, § 2299; Code 1882, § 2299; Civil Code 1895, § 3141; Civil Code 1910, § 3721; Code […]
Conditions which are repugnant to the estate granted, which require impossible or illegal acts to be performed, or which in themselves are contrary to the policy of the law are void. History. Orig. Code 1863, § 2277; Code 1868, § 2270; Code 1873, § 2296; Code 1882, § 2296; Civil Code 1895, § 3138; Civil […]
No legal disability except that of being non compos mentis shall excuse a person from failing to comply with a condition annexed to his estate. No notice of such condition is required to be given by the person claiming under the limitation over. History. Orig. Code 1863, § 2278; Code 1868, § 2271; Code 1873, […]
