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MMLU / A housing corporation owned a tract of land and prepared a development plan to…

Problem

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

question

A housing corporation owned a tract of land and prepared a development plan to divide the land into 100 lots and create a residential community on the property. The Declaration of Covenants created the community association, an administrative entity that would administer and enforce the regulations' and restrictions recited in the Declaration of Covenants. One of the restrictions reads:"There shall never at any time be erected, permitted, or maintained upon any part of the property any structure designed for or used as a saloon or place for the sale or manufacture of malt, vinous, or spirituous liquors. "The Declaration of Covenants was duly recorded and was included in the deed taken by a psychologist when he purchased lot 24 in the housing development. The psychologist recorded his deed. The psychologist gave his lot to his son. The deed conveying lot 24 to the son contained no reference to the Declaration of Covenants or any of its provisions. The deed provided that "these premises are conveyed to (the son), his heirs, and assigns, as long as they are used for residential purposes only. " The son did not record his deed. The son was unaware of the Declaration of Covenants. The son started a home business selling imported wine from his home. A geologist, the owner of lot 26, which was situated next to the son's lot, brought an action of ejectment against the son. Which of the following is the best argument for the son?

choices

  1. The deed to the son created a fee simple determinable with a possibility of reverter, giving the psychologist, but not the geologist, the right to sue the son.
  2. Not having been recorded, the condition cannot be enforced against the son.
  3. The geologist is entitled only to an injunction against the son.
  4. The law prohibits a fee simple determinable.

subject

professional_law

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Source and history

task_id
e913066c-0706-5880-8a45-68debda301d0
task_key
all--test--e913066c-0706-5880-8a45-68debda301d0
task_revision_id
1
config / split
all / test

Official source

initial import