Roberts v. Rhodes
643 P.2d 116, 231 Kan. 74 (1982)
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Rule of Law:
A conveyance of real estate that expresses a purpose for the grant, such as "for school purposes only," but does not contain express words of limitation or a reverter clause, transfers an estate in fee simple absolute, not a fee simple determinable.
Facts:
- On September 29, 1902, D. W. Smith and Margaret Smith executed a quitclaim deed for a tract of land to School District No. 35, stating, "it being understood that this grant is made only for school or cemetery purposes."
- On April 9, 1908, T. A. Stevens and Louella Stevens executed a quitclaim deed for an adjacent tract to the same School District, stating, "It being understood that this grant is made for school and cemetery purposes only."
- Neither deed contained a clause providing for reversion or termination of the estate if the land ceased to be used for the stated purposes.
- School District No. 35 used the combined tracts for school purposes for over sixty years.
- In 1971, the School District sold the land as it was no longer needed for school purposes.
- The defendants, Rhodes, acquired the property through a series of conveyances originating from the school district's 1971 sale.
- The plaintiffs, Roberts, acquired deeds to the same property from the heirs of the original grantors, the Smiths and Stevenses.
Procedural Posture:
- The plaintiffs, Roberts, initiated an action against the defendants, Rhodes, in the Montgomery District Court to quiet title to the land.
- The district court ruled in favor of Roberts, holding that title reverted to the heirs of the original grantors.
- Rhodes, the defendants, appealed the district court's decision to the Kansas Court of Appeals.
- The Court of Appeals reversed the district court, holding that the deeds conveyed fee simple title to the school district.
- Roberts, the plaintiffs, petitioned the Supreme Court of Kansas for review of the Court of Appeals' decision.
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Issue:
Does a deed conveying land "only for school or cemetery purposes," but lacking an express reverter clause or other words of limitation, create a fee simple determinable that causes title to revert to the grantor's heirs when the land is no longer used for that purpose?
Opinions:
Majority - Fromme, J.
No. A deed stating land is for a particular purpose without an express reverter clause or words of limitation conveys a fee simple absolute. The court reasoned that under Kansas statute (K.S.A. 58-2202), a conveyance is presumed to pass the grantor's entire estate unless an intent to pass a lesser estate expressly appears or is necessarily implied. Forfeitures are disfavored in the law, and the mere statement of a purpose for a conveyance is insufficient to create a determinable fee that would automatically terminate. To create such an interest, the deed must use specific durational language like "so long as," "until," "during," or contain an explicit clause stating the property "is to revert to the grantor" upon the occurrence of an event. As the deeds here lacked such language, and the school district fulfilled the grantors' intent by using the property for school purposes for over 60 years, the school district acquired and was able to convey a fee simple absolute title.
Dissenting - Schroeder, C.J. and Herd, J.
The dissent was noted but no written opinion was provided in the text.
Analysis:
This decision solidifies the strong judicial preference for interpreting conveyances as creating a fee simple absolute unless the grantor's intent to create a lesser, defeasible estate is expressed with unambiguous and specific language. It serves as a clear warning to drafters of deeds that a mere statement of purpose, such as 'for school purposes,' is considered precatory and will not be interpreted as a condition that can terminate the grantee's estate. To create a possibility of reverter for the grantor, the deed must contain explicit words of duration (e.g., 'so long as') or an express reverter clause, leaving no room for implication. This holding protects the marketability of titles by preventing remote, unstated interests from clouding ownership decades after a conveyance.
