Friday, March 23, 2012

NW Real Estate Co. v. Serio case brief

 NW Real Estate Co. v. Serio (1929)

-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.
  1. Rule: Covenants restraining a grantee’s ability to sell property are in consistent with a grant of fee simple and are thus invalid.
  2. Public Policy:
    1. Don’t want dead hand control
    2. Encourage free use of land
    3. Encourage sales of land
    4. Inefficiency or delay in sale of land

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