Legal Question in Real Estate Law in Texas
Old Red Courthouse
My great, great, great grandfather was John Neely Bryan. He was the founder of Dallas, Texas. He donated some downtown land to the city of Dallas. The original county seat was built on this land. The only stipulation that he had, when donating the land, was that if ever used for anything other than the county seat, the land would revert back to the heirs. It is currently being renovated and used for something other than the county seat. I am not sure, but was told that Ross Perot owned the building which is located on the land.
What is the possibility of the heirs acquiring ownership of this property? What steps would have to be taken?
2 Answers from Attorneys
Re: Old Red Courthouse
First, the deed or other instrument making the donation would have to be examined. IF the facts support the proposition that the land is being used for a purpose not allowed under the deed, and IF the deed contains a valid, enforceable provision madating reversion of the land if the use restriction is violated, then a suit against the counrt to force return of the land would be possible.
Re: Old Red Courthouse
The first step is to research the deed or other instrument to determine whether or not it has a possibility of reverter. Assuming that it does, and that it's valid, the second step would be to sue the entity in possession for the reversion.
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