The Washington court recently considered the effect of prolonged silence and lack of affirmative action by the holder of a power of termination after a condition subsequent has been broken. In 1884, the grantor conveyed land to a water company. The deed required that the land be used for a right of way to conduct water, enforceable by a power of termination reserved to the grantor and his heirs. The land was subsequently conveyed to plaintiff by a deed subject to the same condition. Prior to 1905, the condition occurred when the land was set aside for park purposes. Not until 1963, when the heirs of the original grantor filed a counter-claim to plaintiff's quiet title action, was forfeiture claimed under the power of termination. The trial court granted plaintiff's motion for summary judgment. On appeal, held: Failure to exercise a power of termination within a reasonable time after occurrence of a condition subsequent results in loss of the power of termination. Metropolitan Park Dist. v. Unknown Heirs of John L. Rigney, 65 Wash. Dec.2d 764, 399 P. 2d 516 (1965).
Washington Case Law,
Property—Power of Termination—Effect of Failure to Exercise Within a Reasonable Time,
40 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol40/iss2/17