Prieskorn v. Maloof
New Mexico Court of Appeals
991 P.2d 511 (1999)
- Written by Samantha Arena, JD
Facts
Mia Prieskorn (plaintiff) owned a parcel of land that had been originally conveyed by warranty deed from Najeeb Maloof (defendant) to the City of Las Vegas in 1935. The deed conveyed the land, “provided, however, that” no building erected on the land may ever be used for immoral purposes or for the manufacture or sale of liquor. The deed further provided that, if the condition was ever broken, the deed would become null and void and interest would revert to the grantor and his successors and assigns. In 1961, the land conveyed by the deed was divided into housing developments and a mobile home park. Although there were no violations of the condition, nor efforts to enforce it, Prieskorn brought suit, contending that the deed’s reversionary clause was an unreasonable and invalid restraint on alienation because it had negatively affected the value of the property in her efforts to sell.
Rule of Law
Issue
Holding and Reasoning (Bustamante, J.)
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