Can you put a stipulation in a Will that the land cannot be sold?

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Can you put a stipulation in a Will that the land cannot be sold?

My husband inherited land from his mother and she stated that the land is not to be sold. My husband wants to sell the land and needs to know if this is legal. The land is in S.C. His mother died 36 years ago.

Asked on May 16, 2018 under Estate Planning, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

In theory, yes: you only inherit what the deceased chose to leave you, and that could include land that has restrictions on what you can do with it (i.e. she does not need to give you the land free of restrictions or limitations). But whether *this* restriction is legal, or whether there are any ways around it, depends on exactly what it says. Bring a copy of the will or other documentation of the restriction plus your title to the land to a real estate attorney to review with you.


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