Legal Question in Real Estate Law in Tennessee

Quitclaim Deed has restriction "may not sell property during her lifetime" and " any violation will cause her life estate to terminate and the remainder interest to immediately vest.". Can she "trade" 1 acre of the 12 she owns for 2 acres of an adjacent plot without violating these terms?


Asked on 7/21/14, 8:32 pm

1 Answer from Attorneys
Dan Scott Scott Law Group, PC

Most likely a court would construe the words "may not sell" to mean "may not sell or transfer." I wouldn't make the transfer without the consent of the life tenants. Why the risk?

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Answered on 7/22/14, 6:11 am


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