Essay Flashcards

Facts: A owner of a parcel of land sells to B. The deed provides: “This sale is subject to a condition that within one year from the date of this contract, the buyer shall cause a certified survey of the land and have the title transferred in the buyer’s name; if the buyer fails to comply 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 buyer completes the survey and has the title transferred to his name within the one-year period. what is the effect on the conditional clause and on the transfer of title? Conversely, if the buyer fails to comply within the period, what happens to ownership and to the land title?