Section 37 Conditions
| Library | Real Estate Fundamentals 2011 |
Conditions are favored less than restrictive covenants. Any intent to convey property subject to a condition should be clearly stated by including a provision for reverter or re-entry upon breach of the condition. If the deed fails to contain such a provision, the clause will be construed as a restrictive covenant and not as a condition. Henry v. Excelsior Springs Mineral Water & Bottling Co., 211 S.W. 9 (Mo. 1919); see also Willhite v. Masters, 965 S.W.2d 406 (Mo. App...
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