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Property Keyed to Chase
Forsgren v. Sollie
Citation:
659 P.2d 1068 (1983)Facts
In February 1960, Ella Forsgren conveyed 1.4 acres of unimproved property to James H. Sollie for approximately $1,400. The property was adjacent to land Forsgren still owned. The warranty deed contained two key provisions: first, that the property was conveyed “on the condition that” Sollie would build a partition fence along the south side and have the property surveyed before any construction; second, that the property was “to be used as and for a church or residence purposes only.” Sollie planned to build a residence that would initially serve as a church for his Baptist group. However, Sollie never built the fence, completed the survey, or constructed anything on the property. He paid no taxes and left Utah in the early 1960s. In 1967, part of the property was sold for taxes and purchased by Forsgren, who then reentered the property, maintained it by mowing weeds, and paid some taxes. In 1972, the LaFleurs, strangers to the title, purchased the remaining property at a tax sale. In 1978, they located Sollie in Georgia, paid him $1,500, and obtained a quitclaim deed. When Forsgren began constructing a small building on the property in 1979-1980, the LaFleurs destroyed her foundations, leading to this lawsuit.
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