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A is the owner of Blackacre, a tract of real property. A conveys Blackacre as follows: “to B, so long as the premises are not used to keep animals.” Ten years later, A dies, leaving a single heir, X, who inherits all of A’s real and personal property.
B owns Blackacre for 25 years. B never keeps animals on Blackacre. B then transfers all of B’s interest in Blackacre to C. As an animal lover, C immediately houses several domesticated animals on Blackacre.
X learns of C’s animals. X files an ejectment suit against C, asserting that X now owns Blackacre. C immediately removes of all the animals and counterclaims to quiet title. C argues that the divestment of C’s animals cures any problems with C’s title to Blackacre.
The applicable law is the common law of real property.