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27. In this action, who will prevail?
In an appropriate action, the landowner's heir and the attorney general, who is the appropriate official to assert public interests in charitable trusts, contest the right to the land.
There is no applicable statute. The common law Rule Against Perpetuities is unmodified in the jurisdiction.
One year ago, the church dissolved and its church building situated on the land was demolished.
Twenty years ago, the landowner died intestate, survived by a single heir.
Thirty years ago, a landowner conveyed land by warranty deed to a church (a charity) «so long as the land herein conveyed is used as the site for the principal religious edifice maintained by said church.»
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B is incorrect. Although this answer correctly concludes that the landowner's heir will prevail, it misstates the reasoning for this conclusion. The church's right to possession ended automatically when the church stopped using the land as the site for its principal religious edifice. The church did not attempt to convey any assets. The church received a fee simple determinable which ended, and the heir inherited the possibility of reverter retained by the landowner and is therefore entitled to possession.
C is incorrect. The church received a fee simple determinable and the grantor retained a right of reverter, which was inherited by the heir. The church's right to possession ended automatically when the church stopped using the land as the site for its principal religious edifice. The doctrine of cy pres may be used when there is a general charitable intent but not when the terms of the conveyance state a limitation that must be complied with for the charity to avoid automatic termination of its possessory interest in the property.
D is incorrect. The landowner conveyed a fee simple determinable to the church. The landowner retained a future interest known as a possibility of reverter, which was inherited by the heir. A possibility of reverter is not subject to the Rule Against Perpetuities.