How is a right of reverter established when donating land for a specific use?

Full question:

My son has adjoining property to mine and he is donating 5 acres to Feed My Lambs Ministries, Inc. to build a child care facility. If the facility ever 'closes its doors', he would like the deed/contract to state that the property reverts back to him. I am the President of Feed My Lambs and I will be taking out a loan/mortgage for the purchase of the building to be built on the land that he is donating. Can this information be put on a quit claim deed or is there another form we should use?

  • Category: Real Property
  • Subcategory: Deeds
  • Date:
  • State: Georgia

Answer:

Reversion, in the context of real property, means the return to the grantor or his/her heirs of real property after all interests in the property given to others have terminated. Reversion occurs when the property owner transfers a vested estate of lesser quantum than he started with. Reversion is also called "reverter."

For example, if A grants land “to B until he marries Y” or “to Z so long as the land is used for church purposes”, then there is a possibility that the land will revert to A if B marries Y, or if the land is no longer used for a church.

To create a right of reverter, a property owner would execute a special warranty deed. The deed would contain certain language which establishes the right to re-enter the property when the vested estate previously granted is extinguished.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

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