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MMLU / A businessman was the owner of an idyllic lake and wooded area. In 1980, the…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

A businessman was the owner of an idyllic lake and wooded area. In 1980, the businessman conveyed the land to the state "on the condition that" it be used as recreational property only. Two years later, the state decided that they wanted a small industrial park attached to the corner of the land. The state went ahead and developed a small portion of the land as industrial space, making it part of a larger industrial park that was adjacent to the land. The businessman notified the state that he was the owner of the property because the state violated the conditions of the conveyance, and that he was taking possession of the property back. What was the interest that was created by the conveyance and can the businessman get the property back?

choices

  1. The interest created is a reverter, and the property instantly reverts back to the grantor upon the occurrence of the specified violation.
  2. The interest created is a fee simple subject to a condition subsequent, and the original owner can get the property back only by taking affirmative steps to exercise his right of entry.
  3. The interest is a fee simple subject to an executory limitation, and if the condition occurs the property reverts in fee simple to a pre-designated third party.
  4. The interest created is an indefeasible estate, and the owner cannot do anything to enforce a condition that is against public policy and never enforceable in the first place.

subject

professional_law

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Source and history

task_id
e67b4118-c559-500f-ad06-3b7988def74c
task_key
all--test--e67b4118-c559-500f-ad06-3b7988def74c
task_revision_id
1
config / split
all / test

Official source

initial import