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Case Briefs

Re Brown

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FactsEdit

Brown died and left his "business properties" to his wife, and if she died then to their sons. He placed conditions that stated that the sons could only sell their interests in the business to each other as he wished it to stay in his family.

IssueEdit

  1. Can conditions be placed on an absolute transfer of land restricting the parties that the land can be given to?

DecisionEdit

Conditions void.

ReasonsEdit

Harman analyzes thecase law and decides that the restriction in this case limits the absolute nature of the property right, and therefore it is repugnant and void. The biggest problem is: who is the last living brother going to alienate it to? As there will be no living son, there will be no one who it can be alienated to.

RatioEdit

You cannot place conditions on an absolute transfer of land (alienation) that substantially restrict the parties that the possessor of the property is able to transfer the title to.

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