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Reservation in Deed (1869)

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dan-rittel
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Reservation found in deed recorded in 1869.

Lot 4 in Block 10 ... With the express reservation that if ardent or intoxication liquor, wine or beer shall ever be sold, directly or indirectly on said premises the title thereof shall revert to the grantors.


 
Posted : May 6, 2011 2:24 pm
Bob H
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Sounds like a religous thing. Hey, if its in the deed. What happens if the grantors are deceased? As I assume they are.


 
Posted : May 6, 2011 4:29 pm
Andy Bruner
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There used to be a lot of these type reservations in the Metro Atlanta area. Usually though they were for denying the sale to "Colored" people. I know of one that deeded a parcel to the Board of Education with the stipulation that the property always be used as a school, if not the property reverted to the grantor or their heirs. The BOE wanted to sell the property (after many years as a school) and use the proceeds to build another school. The heirs protested and it is still being used as a school. As a side note this was the high school that Julia Roberts attended.

Andy


 
Posted : May 6, 2011 4:43 pm
jud
 jud
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Some Deed Restrictions have been found to be unenforceable or unconstitutional. This one may be constitutional, but being unreasonable by today's standards unenforceable, but still could be a cloud on the title that only the courts could remove. Religious thing? What makes you think and say that?
jud


 
Posted : May 6, 2011 5:49 pm
Bob H
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My thought was a very religous family selling off some property, and wanted to retain some control over what kind of things could go on, on their new neighbors property. That's all, just came to me.


 
Posted : May 6, 2011 7:33 pm

holy-cow
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The tiny little town one-half mile from here had a similar reservation on a tract. It was put there in the 1890's when it was a vacant lot. A house was built there. Shortly after discovering this fact, I was chatting with a fellow who lived there in the early 1950's. He was unaware of the reservation. He assured me that no such wicked libations were sold on the property during his period of ownership, but, large quantities were consumed.


 
Posted : May 6, 2011 9:19 pm