AI Assistant
Notifications
Clear all

Reversionary Rights Question

6 Posts
5 Users
0 Reactions
726 Views
Detz
 Detz
(@detz)
Posts: 38
Member
Topic starter
Translate
English
Spanish
French
German
Italian
Portuguese
Russian
Chinese
Japanese
Korean
Arabic
Hindi
Dutch
Polish
Turkish
Vietnamese
Thai
Swedish
Danish
Finnish
Norwegian
Czech
Hungarian
Romanian
Greek
Hebrew
Indonesian
Malay
Ukrainian
Bulgarian
Croatian
Slovak
Slovenian
Serbian
Lithuanian
Latvian
Estonian
 

In chronological order:

Owner A (company) grants to the State the right to main a tower as long as it is equipped and maintained for a specific purpose, in the event that the use of the tower is discontinued then the rights granted shall cease and revert to the Grantor. The State has the right to remove all equipment within 90 days after said station has been discontinued.

Owner A sells to Owner B with the exception of the rights of the state in maintaining the tower referencing the first transaction

Owner C sells to my client (owner D) with the same exception

State discontinues use of tower - no equipment removed

30 years later

Owner D still holds the property
Owner A is still in existence

Who owns the tower?


 
Posted : March 4, 2015 12:59 pm
holy-cow
(@holy-cow)
Posts: 25672
Member
Translate
English
Spanish
French
German
Italian
Portuguese
Russian
Chinese
Japanese
Korean
Arabic
Hindi
Dutch
Polish
Turkish
Vietnamese
Thai
Swedish
Danish
Finnish
Norwegian
Czech
Hungarian
Romanian
Greek
Hebrew
Indonesian
Malay
Ukrainian
Bulgarian
Croatian
Slovak
Slovenian
Serbian
Lithuanian
Latvian
Estonian
 

30 years is far longer than 90 days for removal of the tower. Question: Was the right that was retained to actually own whatever equipment was left or simply to be able to use it? Legal question would be who gets sued if the tower blows over and damages some other person or their property. I bet the State would deny any culpability.


 
Posted : March 4, 2015 1:09 pm
Detz
 Detz
(@detz)
Posts: 38
Member
Topic starter
Translate
English
Spanish
French
German
Italian
Portuguese
Russian
Chinese
Japanese
Korean
Arabic
Hindi
Dutch
Polish
Turkish
Vietnamese
Thai
Swedish
Danish
Finnish
Norwegian
Czech
Hungarian
Romanian
Greek
Hebrew
Indonesian
Malay
Ukrainian
Bulgarian
Croatian
Slovak
Slovenian
Serbian
Lithuanian
Latvian
Estonian
 

Right was to "erect and maintain" State built the tower and furnished it to the best of my knowledge


 
Posted : March 4, 2015 1:13 pm
bill93
(@bill93)
Posts: 9977
Member
Translate
English
Spanish
French
German
Italian
Portuguese
Russian
Chinese
Japanese
Korean
Arabic
Hindi
Dutch
Polish
Turkish
Vietnamese
Thai
Swedish
Danish
Finnish
Norwegian
Czech
Hungarian
Romanian
Greek
Hebrew
Indonesian
Malay
Ukrainian
Bulgarian
Croatian
Slovak
Slovenian
Serbian
Lithuanian
Latvian
Estonian
 

>exception of the rights of the state in maintaining the tower

That sounds like just acknowledging an easement while selling all rights in the property to the subsequent owner, including reversionary rights.

It may depend on the precise wording and circumstances. Was there any obvious reason at the time that A would have wanted to retain the tower? If there wasn't any specific land defined, then it seems unlikely that they expected to own the tower.

Ask a l*wyer for an expert opinion.


 
Posted : March 4, 2015 2:03 pm
Dave Ingram
(@dave-ingram)
Posts: 2140
Member
Translate
English
Spanish
French
German
Italian
Portuguese
Russian
Chinese
Japanese
Korean
Arabic
Hindi
Dutch
Polish
Turkish
Vietnamese
Thai
Swedish
Danish
Finnish
Norwegian
Czech
Hungarian
Romanian
Greek
Hebrew
Indonesian
Malay
Ukrainian
Bulgarian
Croatian
Slovak
Slovenian
Serbian
Lithuanian
Latvian
Estonian
 

A couple of things come to mind.

- Was the original "conveyance" and easement to erect a tower? Or was it for the fee ownership of a parcel of land. I'm guessing it was an easement.

- I think it would be safe to assume that the reversionary rights go with the land, not the owner of the land at some point in the past. But then this is how lawyers make a living.


 
Posted : March 4, 2015 2:45 pm

Glenn Breysacher
(@glenn-breysacher)
Posts: 775
Member
Translate
English
Spanish
French
German
Italian
Portuguese
Russian
Chinese
Japanese
Korean
Arabic
Hindi
Dutch
Polish
Turkish
Vietnamese
Thai
Swedish
Danish
Finnish
Norwegian
Czech
Hungarian
Romanian
Greek
Hebrew
Indonesian
Malay
Ukrainian
Bulgarian
Croatian
Slovak
Slovenian
Serbian
Lithuanian
Latvian
Estonian
 

> A couple of things come to mind.
>
> - Was the original "conveyance" and easement to erect a tower? Or was it for the fee ownership of a parcel of land. I'm guessing it was an easement.
>
> - I think it would be safe to assume that the reversionary rights go with the land, not the owner of the land at some point in the past. But then this is how lawyers make a living.

Mr. Ingram has it correctly. It sounds like a right of use, which is an easement. The easement rights, or rights of use, run with the land, or are appurtenant. Therefore, unless specifically excepted by Owner A in his conveyance to Owner B, all rights, title and interest go to the successor in title.


 
Posted : March 4, 2015 4:46 pm