Your client is a private developer who would like to buy 1200 acres of vacant land from a current owner, Felix. The land is located in the state of Navasota. The State of Navasota has adopted a traditional common law rule on the matter of involving real property. The client plans to develop the vacant land as a $20 million exclusive housing development. You have been retained to advise the client considering the state of the title to the 1200 acres, and to investigate whether there are any title obstructions to the clients proposed housing development. In reviewing the state of the title of the 1200 acres you learned that Felix acquired the land as a devise under the will of Oscar over 30 years ago.

The devise Under Oscars will provided as follows: I give my 1200-acre land located on old country Rd #6 in Grimes County in the state of Navasota two my friend Felix for him to preserve in its natural state as a wildlife sanctuary, but if the land ever ceases to be used as a wildlife sanctuary, then they shall go to my surviving brothers and sisters and their heirs in equal shares.

Assume that the 1000 acres have been maintained as a wildlife sanctuary since Oscar's death. Part of your investigation, you discover that Oscar had one surviving brother, Brad and one surviving sister Sarah, at Oscar's death. Other than the above devise Oscar's Will left all of his real personal property to Brad and Sarah. If Oscar had died without a will Brad and Sarah would have been Oscar sole intestate heirs.

Based on these facts, what legal advice would you give to your client?