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MMLU / A lawyer owned a 70-acre tract of land. In 1989, the lawyer sold 15 acres of the…

Problem

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question

A lawyer owned a 70-acre tract of land. In 1989, the lawyer sold 15 acres of the tract to a friend. The deed of conveyance contained the following clause:"The parties hereby covenant that if the grantor (the lawyer) proposes to sell any or all of the remaining 55 acres of the tract during (the friend's) lifetime, then the grantee shall have the right of first refusal to purchase said parcel on the same terms and conditions as proposed; and, in the alternative, if grantee (the friend) proposes to sell any or all of the 15 acres of his parcel during (the lawyer's) lifetime, then (the lawyer) shall have the reciprocal right of first refusal. "The friend was approached by a co-worker who offered to purchase his 15-acre parcel for $100,000. The friend did not afford the lawyer an opportunity to exercise his right of first refusal, and he went ahead and sold the property to the co-worker. After the co-worker took possession, the lawyer then learned about the sale. The lawyer immediately brought suit against the friend and the co-worker to enforce the right of first refusal in the deed. Based on the facts as presented, the lawyer will

choices

  1. win, because the friend has a reciprocal right of first refusal.
  2. win, because the lawyer's right of first refusal does not violate the Rule against Perpetuities because it is limited to his lifetime.
  3. lose, because the rights of first refusal are unreasonable restraints on alienation.
  4. lose, because the rights of first refusal relate only to land that is not conveyed by deed.

subject

professional_law

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Source and history

task_id
089214ba-74af-5235-b5a3-93c149ab3995
task_key
all--test--089214ba-74af-5235-b5a3-93c149ab3995
task_revision_id
1
config / split
all / test

Official source

initial import