-D incl. a covenant in a deed preventing its grantees from selling a property before a certain date w/o its consent. The grantees attempted to sell the property to Serio (P) before the required date, and D refused to consent.
- Rule: Covenants restraining a grantee’s ability to sell property are in consistent with a grant of fee simple and are thus invalid.
- Public Policy:
- Don’t want dead hand control
- Encourage free use of land
- Encourage sales of land
- Inefficiency or delay in sale of land