What are the Minister’s rights, and remedies, if any, against Tim? Discuss.

Question
Mary deeded a one-acre parcel of land with a three bedroom house built on the premises to Church. The deed contained language which stated “I, Mary, deed my land referred to as Blackacre to Church to have and to hold so long as Church uses the land for charitable purposes, and should at anytime Church stop using Blackacre for charitable purposes, then Blackacre will revert back to Mary, her heirs and assigns.”

Church took the deed and recorded the deed at the local courthouse. The Church started to use the property as a playground and learning center. The Church put in swing sets, sand boxes, tennis and basketball courts for their students who attended their education facilities. The house on Blackacre was used for the Minister, as part of his compensation for his services to the Church.

Shortly after the Minister took possession, he found a home which he and his wife decided to purchase. The home was twice the size of the home located on Blackacre and fit his family needs. Escrow closed on the new house and the Minister rented out the home on Blackacre for $2500.00 a month to Tim for one year beginning July 1, 2006. The Minister then used Tim’s rent money to pay down the mortgage on his new home.

During July, a heavy rainstorm caused the family room to be flooded. Tim called the Minister and demanded that he pump out all the excessive water in the family room. The Minister replied that since Tim has taken possession he had to do it. The rain coming into the family room caused considerable damage to Tim’s personal belongings.

In August school started back up. The children’s daily activities were noisy and interfered with Tim’s medical studies. Tim complained repeatedly to the Minister who did nothing. On September 30, Tim moved out and refuses to pay any more rent.

The Minister plans to lease the premises to a new tenant, John. Mary has advised the Minister that he is in violation of the agreement, and Blackacre reverts back to her and her heirs.

1. What are Mary’s rights in regard to the agreement, and does the property revert back to Mary? Discuss.

2. What are the Minister’s rights, and remedies, if any, against Tim? Discuss.


 

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