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Horse Pond Fish & Game Club, Inc. v Cormier

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Bloomberg Law

Citation. 133 N.H. 648, 581 A.2d 478, 1990 N.H.

Brief Fact Summary. A club had a deed which contained a restraint against alienation.

Synopsis of Rule of Law. Restraints on alienation are void only if they are unreasonable.

Facts. Horse Pond Fish & Game Club (Plaintiff) obtained title to land by deed, free of restrictions. Plaintiff deeded the property to two of its members, who conveyed it back to Plaintiff the same day, with restrictions against alienation written in the deed. The restrictions stated that there would not be alienation of the land unless 100% of the members approved or the club dissolved. Plaintiff registered with the charitable trust division of the attorney general’s office as a charitable corporation. Plaintiff attempted to enter into a land swap with a neighboring club, but William Cormier (Defendant), a member of Plaintiff, voted against the plan, so the deal could not go through. Plaintiff sought a declaration that the deed restriction was void as an unreasonable restraint against alienation.

Issue. Are all restraints against alienation invalid?

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