Question: Tooly, a 15-year old minor, inherited some land which he gave to a non-profit organization. The organization recorded the deed and put a building on the land. At 18, Tooly changed his mind and decided he wanted the property back.

Written by Posted On Tuesday, 03 December 2019 05:00

(A) Recording created an estoppel and prevented Tooly from having a claim to the property
(B) Deed was void because Tooly was a minor
(C) Because of the time lapse between 15 and 18, Tooly was unable to reclaim the property
(D) Tooly could claim the property if he reimbursed the organization for the cost of the building


Answer:  (B)  This choice is clearly a correct statement, as there is no evidence that Tooly was “emancipated” when he deeded. However, there is some question regarding the improvements. Likely they could be removed by the organization “if the property is returned to Tooly,” so choice (D) is too restrictive in its wording.”

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