2021 Georgia Code
Title 44 - Property
Chapter 6 - Estates
Article 3 - Estates Granted Upon Conditions
§ 44-6-41. Conditions Precedent and Subsequent Distinguished; Preferred Construction and Remedy
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.
(Orig. Code 1863, § 2276; Code 1868, § 2269; Code 1873, § 2295; Code 1882, § 2295; Civil Code 1895, § 3137; Civil Code 1910, § 3717; Code 1933, § 85-902.)
Law reviews.- For article discussing problems in construction of instrument conveying gift to a group or class, see 6 Ga. St. B.J. 169 (1969).
JUDICIAL DECISIONSANALYSIS
- General Consideration
- Conditions Precedent
- Conditions Subsequent
- Remedies
OPINIONS OF THE ATTORNEY GENERAL
Conveyance providing title reverts should stated purposes cease gives grantee fee on condition subsequent.
- Conveyance of land which provides that it is for stated purposes, and that should it cease to be used for such purposes the title is to revert back, gives the grantee a fee on condition subsequent, and upon breach thereof, the grantor has a right of reentry; this right of reentry can also be asserted against the state as grantee. 1958-59 Op. Att'y Gen. p. 281.
RESEARCH REFERENCES
Am. Jur. 2d.
- 28 Am. Jur. 2d, Estates, § 151 et seq.
C.J.S.- 26A C.J.S., Deeds, §§ 304 et seq., 315, 316, 320, 335 et seq., 353 et seq., 369 et seq. 31 C.J.S., Estates, §§ 1, 10, 21 et seq. 51 C.J.S., Landlord and Tenant, § 178 et seq. 96 C.J.S., Wills, §§ 1238, 1239, 1254 et seq., 1323, 1336, 1337, and 1360. 97 C.J.S., Wills §§ 1394 et seq., 1403, 1404.
ALR.
- Commencement of development within fixed term as extending term of oil and gas lease, 67 A.L.R. 526.
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.
Nature of estates or interests created by grant or devise to one and heirs if donee should have any heirs, 16 A.L.R.2d 670.
Devisability of possibility of reverter, or of right of re-entry for breach of condition subsequent, 16 A.L.R.2d 1246.
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.
Testamentary devise or bequest conditioned upon beneficiary's supporting or rendering services to named person as providing for condition subsequent or precedent, 25 A.L.R.3d 762.
