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MMLU / A woman acquired land by a deed that contained the following language in the…

Problem

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question

A woman acquired land by a deed that contained the following language in the grantee section: "to [the woman], her heirs and assigns, provided, however, that said grantee may not transfer any interest in the land for 10 years from the date of this instrument." Two years later, the woman contracted to sell the land to an investor for a price based on a recent appraisal. When the investor's title search revealed the above language in the grantee section of the deed to the woman, the investor refused to close the transaction. The contract was silent as to the woman's title obligation. The woman has sued the investor for specific performance. Who is likely to prevail?

choices

  1. The investor, because the woman cannot sell the land during the 10-year period specified in the deed.
  2. The investor, because the woman's heirs did not join in the contract.
  3. The woman, because the contract did not obligate her to provide marketable title.
  4. The woman, because the deed's restraint on transfer is void as a matter of law.

subject

professional_law

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Source and history

task_id
2f5a96f9-4407-5d24-b834-cbbfd34cb8ac
task_key
all--test--2f5a96f9-4407-5d24-b834-cbbfd34cb8ac
task_revision_id
1
config / split
all / test

Official source

initial import