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Unformatted text preview: a contract with Fox Estates. The agreement did nit contain any prohibitions, restrictions, or limitation against assignments. Canfield assigned his option right for Lot 24 to the Scotts, but the Fax Brothers refused to convey the property to them. In my opinion Scotts have the rights for this land. The assignment of rights in real estate often cannot be prohibited because such prohibition is contrary to public policy. Prohibition of this kind is called restraints against alienation (transfer of land ownership). Thus, the Scotts most likely would win a suit for specific performance against the Fax Brothers. Specific performance is often guaranteed through the remedy of a right of possession, giving the plaintiff the right to take possession of the property in dispute....
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This note was uploaded on 03/11/2011 for the course ACC 101 taught by Professor Corolinsky during the Spring '11 term at SUNY Albany.
- Spring '11