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MMLU / In 1954, a devoted conservationist, was the owner of a tract of undeveloped…

Problem

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question

In 1954, a devoted conservationist, was the owner of a tract of undeveloped land. In that year, the conservationist conveyed the tract "to my aunt in fee simple, provided, however, that the grantee agrees that neither she nor her heirs or assigns shall ever use the property for any commercial purpose. If any portion of said tract is used for other than residential purposes, then the grantor or his successors in interest may re-enter as of the grantor's former estate. " This deed was properly recorded. The applicable recording statute in effect in this jurisdiction provides, in part, "No deed or other instrument in writing, not recorded in accordance with this statute, shall affect the title or rights to, in any real estate, or any devisee or purchaser in good faith, without knowledge of the existence of such unrecorded instruments. "The aunt developed the tract into a residential subdivision between 1960 and 1969. This 100-acre tract was divided into single acre lots, all of which were sold during the same decade. Single-family residential dwellings were constructed on all of the lots except four, which were sold to an investor in 1968. The deed to the four lots contained the same restriction as stipulated in the deed between the conservationist and the aunt. In 1980, a bank acquired the investor's four lots in a foreclosure proceeding, and in the same year sold the property to a woman. The deed to the woman made no mention of the restriction. If the woman seeks to construct a service station on her parcel of land, which of the following arguments, if true, would offer her the best chance of implementation?

choices

  1. The restriction against residential use is void as violative of the Rule against Perpetuities.
  2. The commercial development surrounding the property has made the deed restriction unenforceable.
  3. When the woman purchased the property from the bank, the deed did not contain any mention of the restriction.
  4. The jurisdiction in which the tract is located approved a zoning ordinance permitting the commercial development of the area surrounding the woman's property.

subject

professional_law

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Source and history

task_id
c23dbc9e-1d72-5793-9f35-ef30021472a7
task_key
all--test--c23dbc9e-1d72-5793-9f35-ef30021472a7
task_revision_id
1
config / split
all / test

Official source

initial import