A grantor executed a warranty deed purporting to convey land to a church, with the language: to the church and its successors forever, so long as the premises are used for church purposes. The buyer later refuses to close. Is the church likely to prevail in a suit for specific performance?

A grantor executed a warranty deed purporting to convey land to a church, with the language: to the church and its successors forever, so long as the premises are used for church purposes. The buyer later refuses to close. Is the church likely to prevail in a suit for specific performance?

• A. Yes, the church should prevail.
• B. No, because marketable title is not guaranteed by warranty deeds.
• C. No, because the grantor retained a future interest that makes the title unmarketable.
• D. Yes, because the grantor’s future interest is not an issue.

Answer: (C)