Lesson Four Paragraph 25 Question 1 A buyer agrees not to sell alcoholic

Lesson four paragraph 25 question 1 a buyer agrees

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–––––––––––––––– (Lesson Four - Paragraph 25 – Question 1) –––––––––––––––––––– A buyer agrees not to sell alcoholic beverages on the property being acquired. This fact is noted in the deed granting him title. In common law, the buyer has an estate defined as: (A) Property subject to a condition subsequent. (B) Taken fee simple defeasible title to the property. (C) A cause of action against the seller for unlawful restraint of title. (D) None of the above. ------------------------------------------------------------------------------------------------------------------------------------- (A) The buyer does acquire the property subject to a condition subsequent. The condition is that no liquor be sold on the property. Several years ago the term fee simple defeasible, which is a common law definition of title, was removed from California legislation. In earlier days, such a condition automatically removed title if you violated the restriction. Now this restriction is called a fee simple subject to condition subsequent. A court action must be instituted by the former grantor before this condition can be exercised.
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