Does a party have an interest in the possession of a property which has been used for a forbidden purpose?

California, United States of America


The following excerpt is from Anderson v. Modern Woodmen of America, 13 Cal.Rptr. 344, 192 Cal.App.2d 30 (Cal. App. 1961):

Although it is clear that the condition of the first deed has not been violated by the use of the property for a forbidden purpose, the case does not turn upon the rights reserved to the grantors in that deed. They had at most a reversionary interest for breach of a condition subsequent which could be transferred. Civ.Code, 1046; Thornton v. Middletown E. Corp., 21 Cal.App.2d 707, 70 P.2d 234.

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