Specific Performance--Statutory Prohibition On Alienation-- Agreement To Sell Land Subject To Statutory Bar On Alienation Cannot Be Specifically Enforced Despite Due Execution And Proof
An agreement to sell, even if duly executed and proved, cannot be specifically enforced if it violates a statutory prohibition. Where proprietary rights are conferred subject to a restriction on alienation for ten years, any agreement to transfer the land within that prohibited period is forbidden by law and incapable of specific enforcement. Such an agreement, being void for statutory violation, disentitles the plaintiff from the relief of specific performance.
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