Provision that title reverts upon breach of condition creates valid condition subsequent.

- Provision in a deed that title "reverts back to the grantor if the grantee denies grantor her right to live on said property with him as his wife or without him" created a valid condition subsequent, and stipulated that a breach of the condition by the grantee husband would cause the title to revert; this would give to the grantor wife the right of reentry. However, if performance by the husband of such a condition subsequent was made impossible by acts or conduct on the part of the wife herself, the rule would be otherwise. Turner v. Turner, 186 Ga. 223, 197 S.E. 771 (1938).

Provision in a deed granting land for a schoolhouse and yard so long as it was for school purposes creates an estate upon condition subsequent, upon the breach of which the land would revert to the grantor, the grantor's estate, or heirs. Williams v. Thomas County, 208 Ga. 103, 65 S.E.2d 412 (1951).

Breach of condition subsequent in deed does not ipso facto defeat the grantee's estate, or revest title in the grantor; until reentry or an action for recovery of the land by the grantor, the possession by the grantee continues to be lawful. Evans v. Brown, 196 Ga. 634, 27 S.E.2d 300 (1943).

Grantor has a right to reenter upon condition being broken. Wilkes v. Groover, 138 Ga. 407, 75 S.E. 353 (1912).

Grantor not revested with title until entry.

- Grantor in a deed containing a condition subsequent, upon a breach thereof, is not revested with the title until there has been an entry. City of Barnesville v. Stafford, 161 Ga. 588, 131 S.E. 487, 43 A.L.R. 1045 (1926).

Grantor must perform grantor's part of contract prior to reentry.

- Grantor, in order to reenter upon breach of the condition, must, as a condition to such reentry perform the grantor's part of the grantor's contract. Wadley Lumber Co. v. Lott, 130 Ga. 135, 60 S.E. 836 (1908).

Stranger cannot make reentry. Richmond Cotton Oil Co. v. Castellaw, 134 Ga. 472, 67 S.E. 1126 (1910).

Grantor, upon breach, can enter peaceably or maintain action for recovery.

- Grantor in a deed containing a condition subsequent may, upon the condition's breach, enter peaceably if the grantor can do so, or the grantor may maintain the grantor's action for recovery of the premises in event the grantee refuses to surrender possession. Such an action is the equivalent of an entry. Until there has been an entry, the grantee or those holding under the grantee are entitled to the possession and are to be treated as the owners. But they are subject to be evicted by a judgment rendered in an action by the grantor brought for the purpose of enforcing the forfeiture. Georgia R.R. & Banking Co. v. Mayor of Macon, 86 Ga. 585, 13 S.E. 21 (1891); Peacock & Hunt Naval Stores Co. v. Brooks Lumber Co., 96 Ga. 542, 23 S.E. 835 (1895); Moss v. Chappell, 126 Ga. 196, 54 S.E. 968, 11 L.R.A. (n.s.) 398 (1906); Wadley Lumber Co. v. Lott, 130 Ga. 135, 60 S.E. 836 (1908).

Grantor in a deed containing a condition subsequent may, upon the condition's breach, enter peaceably if the grantor can do so, or the grantor may maintain the grantor's action for the recovery of the premises in the event the grantee refuses to surrender possession. Such an action is the equivalent of an entry. Moss v. Chappell, 126 Ga. 196, 54 S.E. 968, 11 L.R.A. (n.s.) 398 (1906).

Person to whom the condition subsequent is limited may, upon breach of the condition, enter peaceably if the person can, or assert the person's right to enter by an action for recovery of possession of the land against the grantee and those claiming under the grantee. Blevins v. Pittman, 189 Ga. 789, 7 S.E.2d 662 (1940).

Grantor may waive grantor's right of reentry. Wilkes v. Groover, 138 Ga. 407, 75 S.E. 353 (1912).

Cited in Fulford v. Fulford, 225 Ga. 9, 165 S.E.2d 848 (1969); Preferred Real Estate Equities, Inc. v. Hous. Sys., 248 Ga. App. 745, 548 S.E.2d 646 (2001).

Am. Jur. 2d.

- 28 Am. Jur. 2d, Estates, §§ 175 et seq., 189.

C.J.S.

- 26A C.J.S., Deeds, §§ 304 et seq., 315 et seq., 320, 326, 331 et seq., 339 et seq., 351. 31 C.J.S., Estates, § 21 et seq. 52A C.J.S., Landlord and Tenant, § 178 et seq. 52B C.J.S., Landlord and Tenant, § 1329 et seq. 97 C.J.S., Wills, § 1414.

ALR.

- Reservation by successive grantors of reentry for breach of conditions subsequent in deeds, 114 A.L.R. 566.

Provision of will for forfeiture in case of contest, as applied to contest by one not a beneficiary, 7 A.L.R.2d 1357.

Devisability of possibility of reverter, or of right of reentry for breach of condition subsequent, 16 A.L.R.2d 1246.

Waiver of, or estoppel to assert, condition subsequent or its breach, 39 A.L.R.2d 1116.