QUESTION
How can an outdated and restrictive clause in a quit claim deed be broken?
Asked on Nov 10th, 2013 on Bankruptcy - Michigan
More details to this question:
Related to a quit claim deed with a restriction that property must always be used for a church - original agency that placed stipulation no longer exists. QCD written in 1954. Is there a way to break this so property can be used for other purposes?
2 ANSWERS
General Law Attorney serving Cherry Hill, NJ
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Mark S. Cherry, Attorney at Law, PC
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A lawsuit entitled "action to quiet title" should be started by you to get the restriction removed.
Answered on Nov 13th, 2013 at 1:23 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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It's possible to break it but not necessarily cheap to do so... If the original agency has a successor it would be easiest to get that successor to agree to changing the use.
Answered on Nov 13th, 2013 at 7:02 AM