Aumiller v. Dash

Citations

• 51 Wash. 520
• 99 P. 583
• 1909 Wash. LEXIS 1223

Syllabus

<p>Deeds — Conditions—-Breach. Conditions subsequent in a deed do not affect the estate until they are broken.</p> <p>Same — Estates Conveyed — Determinable Fee. A deed conveying a determinable fee may embrace a fee upon condition, entitling the tenant, for the time being, to all the rights of a fee simple.</p> <p>Deeds — Estate Granted — Reservations—Construction. A deed granting the undivided one-half of a strip of land one rod wide, so long as the grantees shall use the same as a private way and for an irrigation ditch, and further granting the right to use the other undivided one-half of the strip for the same purposes, reserving the right in the grantors to make common use of the strip for all purposes connected with the adjoining land, conveys a determinable fee simple title to an undivided one-half of the strip, and precludes the grantors, during the life of the grantee’s estate, from dedicating the strip to the public as a public highway.</p>