Bend, OR asked in Contracts for Oregon

Q: a Statutory Bargain and Sale Agreement includes this sentence: "Members of the XXXX families and their heirs shall be

entitled to use the recreation facilities.."

Is this legal under Oregon Law to extend those rights forever ?

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2 Lawyer Answers
Daniel DiCicco
Daniel DiCicco
PREMIUM
Answered
  • Portland, OR
  • Licensed in Oregon

A: Probably unenforceable due to the Rule Against Perpetuities but it’s very rare for that to come up outside of the estates and trusts arena. Would need to look deeper to know for sure.

Joanne Reisman
Joanne Reisman
Answered
  • Portland, OR
  • Licensed in Oregon

A: No responsible lawyer would give legal advice in this manor. A lawyer needs to read the entire document and learn what the background story is that gave rise to the document in the first place. Take the deed to a lawyer along with any other relevant documents and get proper legal advice.

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