Anders conveyed her only parcel of land to Burton by a duly executed and delivered warranty

deed, which provided: To have and to hold the described tract of land in fee simple, subject to the understanding that within one year from the date of the instrument said grantee shall construct and thereafter maintain and operate on said premises a public health center. The grantee, Burton, constructed a public health center on the tract within the time specified and operated it for five years. At the end of this period, Burton converted the structure into a senior citizens' recreational facility. It is considered by all parties in interest that a senior citizens' recreational facility is not a public health center. In an appropriate action, Anders seeks a declaration that the change in the use of the facility has caused the land and structure to revert to her. In this action, Anders should:

5 Points

• (A) Win, because the language of the deed created a determinable fee, which leaves a possibility of reverter in the grantor.
• (B) Win, because the language of the deed created a fee subject to condition subsequent, which leaves a right of entry or power of termination in the grantor.
• (C) Lose, because the language of the deed created only a contractual obligation and did not provide for retention of property interest by the grantor.
• (D) Lose, because an equitable charge is enforceable only in equity.