Principles of the Law of Real Property : for the Use of Students

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2; Laberee v. Carleton, 53 Me. 311.
48 LAW OF EBAL PEOPEETT.
breach or non-performance. But althongh the respective effects of these are so divergent, it is not always easy to de- termine whether the condition is precedent or subsequent from the language employed. If, however, the act or con- dition required does not necessarily precede the vesting of the estate, but may accompany or follow it, and if the act may as well be done after as before the vesting of the es- tate, or if, from the natur
...e of the act to be performed and the time required for its performance, it is evidently the in- tention of the parties that the estate shall vest and the grantee perform the act after taking possession, then the condition is subsequent.^ Subsequent conditions, as they tend to defeat estates, are not favored by the courts. Forfeitures are said to be odi- ous, and unless the conditions are clearly and minutely ex- pressed, the courts will, as a rule, eagerly lay hold of any plausible feature to sustain the grant.^ A grant of land upon condition subsequent conveys the fee with aU its qualities of transmission.

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