Question
Dillon conveyed Yellow house to Edward. The deed stated I hereby grant the described realty to Edward in fee simple absolute, upon agreement that Edward
Dillon conveyed Yellow house to Edward. The deed stated "I hereby grant the described realty to Edward in fee simple absolute, upon agreement that Edward shall use the land for residential purposes only.
Edward used Yellow house for residential purposes for a period of ten years, and due to the changed conditions in the area he commenced construction of a supermarket on the land. Dillon institutes an action in which he seeks a judgment declaring that Yellow house has reverted back to him due to Edward's change in use. Dillon should
Select one:
a. Win, because the language of the deed created a fee simple subject to an executory limitation.
b. Win, because Edward has violated a covenant contained in the deed by which Dillon conveyed the property to him.
c. Lose, because the restrictive language of the deed violated the Rule Against Perpetuities.
d. Lose, because the language of the deed created no more than a contractual obligation.
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