Hagaman v. The Board of Education of the Township of Woodbridge

117 N.J. Super. 446 (1971)

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Hagaman v. The Board of Education of the Township of Woodbridge

New Jersey Superior Court, Appellate Division
117 N.J. Super. 446 (1971)

LJ

Facts

In 1925 the parents of Clifford Hagaman (plaintiff) conveyed certain real property located in New Jersey to the Board of Education of the Township of Woodbridge (the board of education) (defendant). The deed contained a provision stating that the property was being conveyed solely for the purpose of constructing a school on or before 1926 and to thereafter use the building and the property for school purposes. The board of education built a school in 1926 and used the property for school purposes until 1968. However, in 1968 the school building was closed. The property continued to be used as a recreational park and playground that was staffed in the summer by a full-time playground supervisor. Hagaman sued the board of education, alleging that the deed contained a clear and unequivocal intent to convey the property as fee simple determinable or fee simple subject to a condition subsequent, and that because the property was no longer being used as a school, he was entitled to possession of the property. At trial, both parties moved for summary judgment. The court found that the deed did not clearly create a fee simple determinable or fee simple subject to a condition subsequent and granted summary judgment in favor of the board of education. Hagaman filed an appeal.

Rule of Law

Issue

Holding and Reasoning (Lane, J.)

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