How do I pursue arguments that no one has ever heard of to date ?
Stay clear of the commonly repeated arguments …the same arguments thousands are using and losing with every day . Use arguments that are likely to be enforced by most courts.
My experience includes trading receivables for over 25 years so take note and confer with your own legal counsel. Its okay to allow your attorney to research before he advises you . If the law firm won’t listen, perhaps you should consider dumping your lawyer and even threaten to bring an added claim for willful malpractice .
I aver to the rules covered under RESTRAINTS ON ALIENATION. Most courts will invalidate some restrictions placed on the alienation of land in the grant as a matter of public policy.
A. Three Types of Restrictions of which two of the three must be introduced into court
1. Forfeiture A grant states that the grantee forfeits the land if he makes a transfer.
A. Promissory A grant has a covenant forbidding alienation. Remedy is either injunction or damages for breach of contract.
B. Effect of Rule The type of estate that was conveyed influences the effect of the rule.
1. Fee Simple If a fee simple was conveyed, all restrictions are meaningless and unenforceable.
2. Life Estate Disabling restraints will not be enforced, but others may be enforced.
3. Leaseholds Forfeiture and promissory restraints are enforceable. Disabling restraints are also likely to be enforced by most courts.
This is what we are using to prevail and so should you!