Q: Can a deed to jointly owned property have language requiring all owners consent prior to any owner selling their share?
Can a property deed for jointly owned property in Massachusetts contain language (if mutually agreed upon by the joint owners) within the deed that prevents any joint owner of that property from selling his share of that property without the consent of the other joint owners and if so is such language on the deed truly enforceable and legally binding?
Thankyou
A: Such an executory estate might be drafted, but it would be difficult for the other tenants to enforce. It could also be deemed unenforceable as a restraint against alienation. No competent attorney would draft such a questionable conveyance. There are many other estates to consider which will be enforceable. Consult with an attorney that can draft future interests deeds.
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