REAL PROPERTY: BAR CHECKLIST - Webs
Courts disfavor restrictions on the free use of land. Court will not find a defeasible fee unless clear durational language is used. Absolute restraints on alienation are void (“O to A so long as she never attempts to sell” is void) Ban on the power to sell or transfer. Not linked to any reasonable time-limited purpose (“. . . so long as she waits till 2003 when title will be clear” is ... ................
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