Q: If a party in a deed (fee simple condition subsequent) breaks a condition of the deed, what rights does that party?
Meaning, would the party who broke the condition in the deed be considered a trespasser, tenant in sufferance, or something else?
A: Excellent question to review with your local real estate attorney with the deed in hand describing the condition subsequent and evidence of the breach along with documentation of all incidental and consequential damages including a careful review of all liquidated damages and specific performance clauses and conditions.
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