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The breach of a condition subsequent does not cause title to revert automatically to the grantor or his heirs, and the use of judicial proceedings to enforce a resulting power to terminate is governed by the statute of limitations in C.R.S.1963, 118-8-4. Wolf v. Hallenbeck, 109 Colo. 70, 123 P.2d 412. C.R.S.1963, 118-8-4, provided that no action may be maintained, 'to enforce the terms of any restriction concerning real property . . . . unless said action be commenced within one year from the date of the violation for which the action is sought to be brought or maintained.'
The holder of a right of entry, following a continuing breach of condition, is not entitled to endlessly sit by refusing to declare a forfeiture, and thus control the use of the property indefinitely. An appropriate rule to meet such a contingency, together with the reasons for the rule, is succinctly propounded in Simes & Smith, The Law of Future Interests § 258, p. 310, as follows:
'However, the mere fact that the statute of limitations begins to run in favor of the grantee on the grantor's election to forfeit and not on the grantee's breach ...
