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1950 deed contains automatic reverter for Fellowsville site, board told; counsel outlines waivers and partition option
Summary
Legal counsel Kayla Cook told the Preston County Board that a 1950 deed conveying the Fellowsville parcel restricts use to school or playground purposes and contains an automatic reverter; counsel described obtaining successor waivers or pursuing a partition action as remedies and estimated $5,000–$15,000 in legal costs to clear title.
At the Jan. 12 meeting, legal counsel Kayla Cook told the Preston County Board of Education that title work on the Fellowsville property shows a 1950 deed containing an automatic reverter that would transfer title back to the original grantors or their heirs if the land "ceases to be used" for school purposes.
Cook read the deed language to the board: "it's understood and agreed that the surface land conveyed will be used by the grantee Preston County Board of Education for school or school playground purposes exclusively and for no other purpose. And if at any time the said property shall cease to be used for such purposes, then title to said land shall revert to…
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