University of Vermont & State Agricultural College v. Ward, 158 A. 778 (1932)

Citation: University of Vermont & State Agricultural College v. Ward, 158 A. 778 (1932)
Parent Document: University of Vermont & State Agricultural College v. Ward, 158 A. 778 (1932)
Jurisdiction: Vermont (state)
Effective Date: 1932-02-04
Original Source: https://www.courtlistener.com/opinion/4215928/university-of-vermont-state-agr... ↗

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I do not share in the forebodings of my brethren that a failure to construe such a conveyance as a lease “would unsettle and destroy many titles hitherto believed to be good.” The purpose in giving “perpetual leases” of public lands was, as the "majority opinion points out, to encourage the clearing of forest land and its use for agriculture. Settlers would not accept such conveyances unless they were assured that they and their children would enjoy the fruits of their labors. “This result, ’ ’ say my associates, ‘ ‘ and a reasonable and adequate rent for the lands could be secured only by long term leases.” The purpose is as well fulfilled if the conveyances in perpetuity are construed to pass a conditional fee as if they are construed to pass a leasehold. In neither case can the rent be increased during the term. In neither case can the grantor repossess itself of the premises except as provided therein. There is, it seems to me, far more danger that the titles of the grantees *279

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