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Case Citations (March 2016 through June 2016) [1] (2016)

handle is hein.ali/respdt0053 and id is 1 raw text is: PROPERTY 2D: DONATIVE TRANSFERS DIVISION I. SOCIAL RESTRICTIONS IMPOSED UPON THE CREATION OF PROPERTY INTERESTS BY DONATIVE TRANSFERS PART II. DIRECT RESTRAINTS ON ALIENATION IN DONATIVE TRANSFERS CHAPTER 4. VALIDITY OF RESTRAINTS ON ALIENATION § 4.5. Restraints on the Power to Compel Partition Me.2015. Quot. in sup., cit. in ftn.; Rptr's Note 2(c)(3) quot. in sup. Tenants in common of an island brought a partition action against co-tenants, seeking an equitable partition due to disagreements among the parties over the salary of the island's caretaker. The trial court granted defendants' motion for summary judgment. This court affirmed, holding that plaintiffs' acceptance of a right of first refusal, which was set out in their deeds, resulted in a waiver of their right to partition. The court determined that, even though the right of first refusal was void under the rule against perpetuities, plaintiffs were bound under contract law, and, citing Restatement Second of Property: Donative Transfers § 4.5, explained that a restraint on plaintiffs' power to compel partition was valid. Pew v. Sayler, 123 A.3d 522, 530, 531. A L I For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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