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Institute of Government <br /> <br /> January 5, 1983 <br /> <br />,Cabarrus County Commissioner ~_~:~.._. <br /> 409 W~necoff School Road <br /> Concord, ?~orth Carolina 28025 <br /> <br /> Dear Mr. Barr, hardt: <br /> <br /> In your letter of December 27, ]982, you ask what recourse the Cabarrus <br /> Cou~Cy Board of Commissioners may have f.n establ~shing title to and ~ecovaring <br /> possession of a 12 acre tract of land conveyed by the CouBty to Caharrus <br /> Agricultural Fair, lnc., in 1955. You enclosed a copy of the deed and the <br /> articles of incorporation of the grantee. <br /> <br /> The deed from Cabarrus County'to Cabarrus Agricultural Fair, Inc., creates <br /> a fee simple determinable estnte in the grantee. A fee ~imple determinable <br /> estate Js a fee simple estate that may tmrminate upon the happening of a stated <br /> event or upon] the continuance of stated conditions. So long as the esseatial <br /> event or change does not take place, the grantee has fee simple ownership. <br /> When the eveat or change does occur~ the fee simple title automatically <br /> tevmii%al;es ~d title r~verts ~o the graugor. The estate does not require that <br /> the grantor make en~ry or take ~ny or. her action to recover fee 'sfmple title <br /> <br /> the event or change occurs. The leadinE case in No~th C~rolina on fee simple <br /> determinable estates Is E]mere v, Aus~:~n, 232 N,C. 13, 59 S.E.2d 205 (1950). <br /> <br /> The event that must (~ccur for title to the land in question to revert to <br />Csbarruz County is tot the Cabarrus County Agricultural Fa~r~ inc.~ [o "cease <br />to funclion and operate for the purposes and objects as se% out <br /> <br /> 3.!vestock fair," <br /> <br /> <br />