Flashcards Studio

A sells a parcel of land to B. The deed provides: “This sale is subject to a condition that within eight months from the date of this contract, the buyer shall obtain from the Municipal Planning Office a zoning reclassification enabling mixed-use development on the land; if the zoning reclassification is not issued within the period, ownership shall revert to the seller.” (a)Identify the kind of condition involved and explain how it operates in terms of suspensive vs. resolutory and its effect on title. (b)Classify the condition as potestative or non-potestative, and justify your answer with the governing rule. (c)Suppose the zoning reclassification is issued within the period. what is the effect on the conditional clause and on the transfer of title? Conversely, if the zoning reclassification is not issued within the period, what happens to ownership and to the land title?