[WSBARP] [WSBAPT] What the heck

[Eric Nelsen]

Law school exam!

"In case of accident or death the property here-of will rightfully be returned to the Grantor." This is too vague to be enforceable. What does accident mean? Death of whom? What does "rightfully" mean?

"In case of death of both parties the hereby property will be left in the name of [another person] with the agreement he cannot sell said property in his life time." If "both parties" means Grantor and Grantee, then this is a failed attempt to create some kind of transfer on death contingency and doesn't meet the statutory requirements, and likely was executed before the law was even enacted I am guessing.

"The Grantee agrees not to sell or lease the said property in the life-time of the Grantor." This is phrased like a covenant and Grantee didn't sign so I don't think it would be enforceable. It's phrased like a covenant, not a condition on the fee. It would be difficult to parse this into a valid fee determinable on a condition subsequent or other estate.

All that said, I bet a title company would list the language as an exception, so Grantee likely would need a declaratory judgment or quiet title action to remove the language as a cloud on title.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Wednesday, August 31, 2022 3:38 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>; 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] What the heck

Listmates:

By Statutory Warranty Deed, a person, for love and affection, conveys and warrants to Grantee, property.  After the legal description the following was added:

                In case of accident or death the property here-of will rightfully be returned to the Grantor.  In case of death of both parties the hereby property will be left in the name of [another person] with the agreement he cannot sell said property in his life time.
                The Grantee agrees not to sell or lease the said property in the life-time of the Grantor.

The deed was signed like any other deed, there are no witnesses.

Assuming Grantor is still alive, is Grantee prohibited from selling?  It seems the added language is in conflict with the convey and warrant language.  It possibly violates some legal rules.  Have any of you run into this before?

Jeff

W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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