STANDARD NO. 307

 

PROBLEM:

Conveyance of a parcel of real estate includes certain restrictions, reciting that any variance must be approved by the grantor. Should this be considered an encumbrance on the title if there is record evidence that the grantor has deceased or, if a corporation, has been dissolved?

RECOMMENDATION:

If the approval was reserved only to the grantor, without words of inheritance or succession, it is recommended that the title be considered to be clear of such encumbrance after such death or dissolution; provided, that the doctrine of mutuality of covenant should be considered.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

First adopted August 25, 1960; amended, June 19, 1975. Formerly Title Standard No. 37.

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