Rich mother-in-law wills that if her unsightly Texas greenhouse is removed, her family will forfeit house ownership: 'Can she actually do that?'

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    "Mother in law put in her will that if her greenhouse gets removed from her home we will forfeit ownership of the home"

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    My mother in law has a house that she wants to leave to my wife and her brother. There's this really ugly greenhouse in the backyard that is definitely dragging
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    the property value down and just looks terrible. In fact the house is very outdated and impractically organized (would likely need some remodeling like
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    breaking walls). It's in a super rich neighborhood so the other homes remodeled are worth tons of money.
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    In her will she apparently is saying that if after she passes if my wife and her brother decided to remove the greenhouse from the property that they would
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    forfeit ownership of the property. This is not a trust or anything just a basic will. I have two questions:
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    1. Can she actually do that? I thought once property ownership is transferred you can do anything with the property. It's not. her mom's anymore so how can she dictate whether or
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    not the greenhouse is renewed. 2. I'm suspicious she may put something in about remodeling the house resulting in forfeiture of the property. If that's
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    the case would that stand? I just feel like unless someone like her brother said no to removing the greenhouse and tried to enforce it there would be no issue....
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    Available-Bluebir... Talk to an attorney who specializes in estate law. Personally, I find it highly unlikely that she can make those stipulations, especially since greenhouses are not built to last forever.
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    obxhead Did anyone she knows disappear suddenly and was never found again?
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    atTheRiver200 The question is: who would monitor and also then enforce something like that?
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    Misa7_2006 She could put what is called a restrictive covenant or condition on the deed. Also known as "run with the land" and, as a result, bind current and future property owners. It sucks but if she wanted to, she could make the deed so convoluted it would be more trouble than the property is worth.
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    Sticking them with a property they can't use, can't get rid of, and stuck being responsible for the taxes for it. I have a friend who has a type of restrictive covenant on land her family owns. The only person who can live or build on it is the one that pays all the taxes.
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    It can not be sold outside the family unless it is being sold to the state the property is in for conservation of forest lands. They have over 100 acres spread over 3 mountains. It can only be logged by family to remove dead or timber that could be seen as a hazard to the property (bug infestation), but none that would be worth anything.
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    My suggestion would be to retain an estate lawyer and see what their options are, or perhaps talk to her's or even sit down with mom and find out what the method to her madness is.
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    C. A "conditional conveyance" can be used to limit what can be done with inherited property, but it has to be carefully crafted to be enforceable, since courts generally favor transfers of property without restrictions. The restrictions would have to be reasonable, not violate any public policy, and not violate the rule against perpetuities
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    (restrictions that last too long and make ownership vague). It would be up to the subsequent beneficiary to enforce the condition. I think there's a good chance that MIL's restrictions would not be valid as a matter of public policy since the condition is not to improve the property, and failing to maintain property can lead
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    to dangerous situations. The thing to do would be to challenge the conditional covneyance in favor of outright ownership (aka fee simple absolute). Failing that, it may be allowable to "renovate" the greenhouse in a way that does not violate the condition.
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