Charitable Purpose Red Herring
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Real Property1
Example wrong choices
14920_farmstead · REAL_PROPERTY · Choice ANo, because the quoted provision is an enforceable restrictive covenant that runs with the land.
Why it's attractive
Correct conclusion but misidentifies the doctrine
Why it's wrong
Correct conclusion but misidentifies the doctrine
14920_farmstead · REAL_PROPERTY · Choice CYes, because the farmer's warranty deed conveyed a fee simple absolute and the farmer cannot derogate from his own grant.
Why it's attractive
Misapplies derogation doctrine to an inherent feature of the estate
Why it's wrong
Misapplies derogation doctrine to an inherent feature of the estate
14920_farmstead · REAL_PROPERTY · Choice DYes, because a charitable trust to support religious education will attach to the sale proceeds.
Why it's attractive
Confuses right to sell with obligation to deliver marketable title
Why it's wrong
Confuses right to sell with obligation to deliver marketable title
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