Question
In 2000, O conveyed Blackacre to A and her heirs so long as the premises are not used for the sale of beer, wine, or
In 2000, O conveyed Blackacre "to A and her heirs so long as the premises are not used for the
sale of beer, wine, or liquor, and if beer, wine or liquor is sold on the premises O retains a right to re-
enter the premises." A opened a restaurant on the premises and, in 2003, began serving several dishes
cooked with wine or flamed with brandy. At the same time, she began offering a complimentary glass of
champagne at Sunday brunch. The restaurant has been successful. Now, in 2020, A has offered
Blackacre for sale. B wants to buy Blackacre to run the restaurant and add a bar.
B has consulted a partner at your law firm for advice in connection with the purchase. The
partner has examined the deed from O to A, and has asked you for a memo analyzing any problems B
may face if B buys Blackacre and adds a bar. The memo should also include a discussion of alternatives
that would minimize B's risks.
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